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.