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Home > Press > Window for public comment closes January 31

Abstract:
The U.S. Environmental Protection Agency’s Nanotechnology White Paper addresses research needs and risk assessment issues concerning nanotechnology. A window of opportunity for public comment closes January 31, 2006. Within its 123 pages there are ample subjects for comment by practicing technologists. Say your piece at http://www.epa.gov/osa/nanotech.htm
If a nanotech enabled product is just the same old chemistry, then the manufacturer’s patents shouldn’t claim otherwise.

U.S. EPA Nanotechnology White Paper window for public comment closes January 31, 2006. How will EPA tell when nanotechnology enabled products are new if the chemistry is not?

San Jose, CA | Posted on January 31, 2006

Nick Massetti: The U.S. Environmental Protection Agency's Nanotechnology White Paper addresses research needs and risk assessment issues concerning nanotechnology. A window of opportunity for public comment closes January 31, 2006. Within its 123 pages there are ample subjects for comment by practicing technologists. Say your piece at http://www.epa.gov/osa/nanotech.htm

I directed my comments to section 3.0. Risk Management and Statutes.
In its subsections it says, "As EPA is chartered to review all new products that are introduced." And further, "Section 5(a)(2) of TSCA authorizes EPA to determine that a use of a chemical substance is a 'significant new use.'"

The fact that a nanotechnology enabled product may not be contained on the TSCA inventory lends itself to a concern that an applicant manufacturer may claim there is in fact no novelty to the materials involved. Thereby a compound of the same chemistry, but not based on nanotechnology enabled characteristics, which is on the TSCA inventory may be quoted as a basis for allowing introduction of the new nanotechnology enabled product.

I have a simple check that can be accomplished within the existing government structure and services. If a manufacturer states that his nanotechnology enabled product is essentially not new, and in fact fabricated from the same chemicals and materials as one on the TSCA inventory, then any patents associated with the new product could be checked for any contradiction of such a statement. This rationalization could be made the responsibility of the manufacturer as part of the application process for the new product introduction.

####
Contact:
Nick Massetti
Nick@NmassettiConsulting.com

Copyright © Nick Massetti

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