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.