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The Impact of Effective Patents on Future Innovations in Nanomedicine

 Rita Bosetti and Lode Vereeck (2012)

The success of nanomedicine is dependent upon an effective protection of intellectual property rights. Unfortunately, the US nano patent system is dysfunctional because the long R&D procedures as well as the long patent pendency are insufficiently taken into account. This could be solved by changing the patent protection starting point and increasing PTO capacity. The nano-industry also suffers from overlapping patents. This could be avoided by improving the expertise of PTO, using a more accurate definition of nanotechnology, and drawing a generally accepted nomenclature that enhances prior art searches. To avoid disputes, inference practices and strategic patenting can be used. In case of a dispute, parties can fall back to re-examination, cross-licensing, and patent litigation. Cross-licensing agreements are recommended since it allows parties to access technology, creates synergies, and excludes third-party competitors. Solving the patent problems in the nano industry is a necessary step for future success.








Pharmaceutical Patent Analyst 1/1, p. 37-43.

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