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Home > News > Growing nanotechnology problems: navigating the patent labyrinth

January 30th, 2007

Growing nanotechnology problems: navigating the patent labyrinth

Carbon nanotubes (CNTs) belong to the most exciting nanomaterials discovered so far and the buzz associated with them has to do with their amazing properties. Depending on their structure, they can be metals or semiconductors. They exhibit extraordinary mechanical properties, which make them extremely strong materials with good thermal conductivity. Their tensile strength is several times that of steel. These characteristics have generated strong interest in their possible use in reinforced composites, nanoelectronics, nanomechanical devices, circuits and computers. Single-wall nanotubes (SWNTs) are an intriguing variant of carbon nanotubes because they exhibit important electrical properties that are not shared by the multi-walled carbon nanotubes (MWNT). SWNTs are the most likely candidate for miniaturizing electronics toward the nanoscale. Because of their enormous commercial potential, universities, start-ups, and corporations have aggressively sought patent protection on nanotube-based products (see our previous Nanowerk Spotlight "The patent land grab in nanotechnology continues unabated, creating problems down the road"). A recent legal paper identifies key patents claiming compositions of matter, methods of production, and products incorporating nanotubes. The authors summarize potential patent invalidity arguments that may be raised against certain patents in the field and explain how the patent landscape impacts the commercialization of nanotube-based products. A proposed "Nanotube Patent Forum" could be a means for industry to facilitate cost-effective licensing transactions between patent holders and manufacturers.


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