Journal of Intellectual Property Rights

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Nanotechnology Patent Applications and Section 3(d) of Indian Patents Act, 1970: An Empirical Research


Affiliations
1 Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune - 411 014, Maharashtra, India
 

Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of Patent Law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.

Keywords

Nanotechnology, Patent, Patent Applications, Nanotechnology Industry, Section 3(d) of Indian Patents Act, 1970
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  • Mission on Nano Science and Technology (Nano Mission), https://dst.gov.in/scientific-programmes/mission-nano-science-and-technology-nano-mission.

  • Indian National Education Policy, 2020, Page 51, Paragraph 20.6.

  • Top 20 countries in publishing nano articles in 2021, 2022, https://statnano.com/news/70227/Top-20-Countries-in-Publishing-Nano-Articles-in-2021.

  • Statistics collated from 7 different news reports of Statnano.com. The said 7 different news reports, https://statnano.com/news/52459/StatNano-Releases-World-Ranking-of-ISI-Indexed-Nano-Articles-in-2015; https://statnano.com/news/57105/Ranking-of-Countries-in-Nanotechnology-Publications-in-2016; https://statnano.com/news/61353/Publication-of-More-than-Half-of-Nanotechnology-Articles-in-2017-by-Top-Three-Countries; https://statnano.com/news/65056/Nanotechnology-Publications-of-2018-An-Overview https://statnano.com/news/67470/2019%E2%80%99s-20-Leading-Countries-in-Nanotechnology-Publications https://statnano.com/news/68509/2020%E2%80%99s-Statistical-Review-on-Nanotechnology-Publications https://statnano.com/news/70227/Top-20-Countries-in-Publishing-Nano-Articles-in-2021.

  • WIPO IP Statistics Data Center, WIPO IP Portal, (Indicator used ―5a-PCT publications by technology‖), https://www3.wipo.int/ipstats/pmhindex.htm?tab=pct.

  • Mitchell J, Top 10 new nanotechnology innovations, Technology Insight, IN-PART 2021, https://in-part.com/blog/new-nanotechnology-innovations-top-10/.

  • Samal S S & Samal A, Nanoscience and nanotechnology in India: What‘s happening, Electronicsforu, (3rd April 2019), https://www.electronicsforu.com/technology-trends/tech-focus/nanoscience-nanotechnology-india-happening.

  • Ganguli P & Jabade S, Nanotechnology Intellectual Property Rights: Research, Design and Commercialization, CRC Press, Taylor & Francis Group, 2012.

  • Barpujari I, The patent regime and nanotechnology: Issues and challenges, Journal of Intellectual Property Rights,15 (2010)206-213.

  • Anuar H S, Nawi M N M, Othman W N & Mahidin N, Patent protections, challenges and applications of nanotechnology, Journal of Technology and Operations Management 8 (2) (2013)17-29.

  • Nobel pharma A B v Implant Innovations, Inc., 141 E3d 1059, 1070 (Fed. Cir. 1998); Eli Lilly & Co. v Barr Labs., Inc., 251 E3d 955, 968 (Fed. Cir. 2001); In re Soni, 54 F.3d 746, 750 (Fed. Cir. 1995).

  • Uhlir N J, Throwing a wrench in the system: Size-dependent properties, inherency, and nanotech patent applications, Fed. Circuit B.J., 16 (2007) 327.

  • Molenda J J, The Importance of defining novel terms in patenting nanotechnology inventions, Nanotechnology L. & Bus.1 (2004)174-177.

  • 3M Innovative Properties Co. v Avery Dennison Corp., 350 F3d 1365, 1371 (Fed. Cir. 2003) (citing Texas Digital Sys., Inc, v Telegenix, Inc., 308 F.3d at 1204 (Fed. Cir. 2002)).

  • Lemley M A, Patenting nanotechnology, Stanford Law Review, 58 (2005) 601-631.

  • Zhang Y, Sulfab M & Fernandez D, Intellectual property protection strategies for nanotechnology, Nanotechnology Review, 2 (6) (2013)725-742.

  • Costello-Caulkins, Michael, Nanotechnology Patent Law: A case study of The United States and European patent applications, The Santa Clara High Technology Law Journal, 37 (3) (2021).

  • Mishra A K, Wadhai V S & Sontakke R P, To study the role of intellectual property rights in nanotechnology- An Indian perspective, Journal of Applied Science and Research, 4 (2) (2016)12-18.

  • Shyam A, Patenting of nanotechnology: An analysis of the legal issues, Journal on Contemporary Issues of Law, 7 (6) (2021).

  • What is Nanotechnology? United States National Nanotechnology Initiative, https://www.nano.gov/nanotech-101/what/definition.

  • Supreme Court of India, 1 April 2013, Civil Appeal No. 2706-2716 of 2013.

  • Section 3(e) makes a mere admixture non-patentable.

  • Section 10 deals with Specification (Disclosure) and its requirements.


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  • Nanotechnology Patent Applications and Section 3(d) of Indian Patents Act, 1970: An Empirical Research

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Authors

Ujwal Prabhakar Nandekar
Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune - 411 014, Maharashtra, India
Rupal Rautdesai
Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune - 411 014, Maharashtra, India

Abstract


Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of Patent Law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.

Keywords


Nanotechnology, Patent, Patent Applications, Nanotechnology Industry, Section 3(d) of Indian Patents Act, 1970

References