Patenting Nanotechnology

Nanotechnology is one of the most promising and radical new technological frontiers. It involves the engineering
of functional systems or the design, production and application of materials at the molecular scale1
that is, with structures around 40,000 times smaller than the width of a human hair. It holds enormous promise
for the development of new materials and devices with a vast range of applications. It is the “global economy’s
fastest growing information and investment sector”.2 In this article, Aparna Watal, Legal Officer (Asia-
Pacific) Attomic Labs, Inc., and Professor Thomas A. Faunce, Faculty of Law, Australian National University
(ANU), explore some of the challenges patenting authorities face when dealing with nanotechnology.

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Prior Art Searching ( software resources )

One specialized database of software prior art is maintained by the Software Patent
Institute (www.spi.org), which includes source documents that are generally not otherwise
available online. The documents include computer manuals, older textbooks and journal articles,
conference proceedings, computer science theses, and other such materials. Other similar
boutique prior art databases exist, such as IP.com's Prior Art Database
(www.priorartdatabase.com).
Further, like many other research issues, Internet searches using traditional web-based
search engines such as Google (www.google.com) and Yahoo (www.yahoo.com) can also
identify fruitful prior art in some instances. Other sources, such as The Internet Archive
(www.archive.org), offer software archives that preserve evidence of elusive software titles and
previous versions of online content, helping to quickly identify software likely to have been in
existence early enough to qualify as prior art.
Finally, the human factor can assist even when the technology is computer based.
University professors and other experts in specific technologies can often be useful in
pinpointing early public versions of software-related technologies and help provide the necessary
clear and convincing evidence of the technology’s features to provide valuable prior art evidence .

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