Patenting Nanotechnology

Between 1997 and 2002, the number of nanotechnology patents grew by 600%. As of December 2003, there were around 7,000 such patents. None of these patents has been addressed by the Federal Circuit, which means that we can consider the patentability of nanotechnology on a clean slate. This Note seeks to explore how courts should handle nanotechnology patents—before they make binding decisions. In particular, it focuses on the utility requirement for patentability. Conceivably, the current utility standard could create problems for nanotechnology. Nonetheless, this Note argues that utility will not—and should not—be applied in a heightened manner that would make it an insurmountable obstacle to patenting nanotechnology inventions.