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May 10th, 2007

Legal implications of the nanotechnology patent land rush

The Oklahoma land rush of 1889 and similar land runs were events in which previously restricted land of the United States was opened for homesteading on a first come, first claim basis. A number of the individuals who participated in the run entered early and hid out until the legal time of entry to lay quick claim to some of the most choice homesteads. These people came to be identified as "sooners" and their actions led to hundreds of legal contests. Nowadays, universities and companies, from start-ups to multinational conglomerates, are rushing to aggressively stake out their turf in the nanotechnology patent area. The "sooners" in this nanotechnology patent land rush may be the ones who were issued what some say are "unduly broad" patents early on, in the hope of getting a windfall of nanotechnology intellectual property (IP) rights. Wile not violating the rules intentionally, upon re-examination some broad patents might not hold up to the United States Patent Act's requirement for full and complete disclosure. This uncertainty provides fertile grounds for possible litigation over nanotechnology patent claims based on broad and unprecise definitions and descriptions. Efforts are underway to address some of these problems.


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