ISSN 0004-881X

Management of Materials Research: Protection and Commercialisation of Nanotechnology

by Michelle Hedges ( BSc Hons), Partner,
Phillips, Ormonde & Fitzpatrick, 367 Collins Street, Melbourne, Vic, 3000, Australia.

Abstract

Of the total number of nanotechnology related patents published in Australia, there has been a steady increase since 2004 in the percentage of patents resulting from Australian research. This trend is likely to continue in view of the recent increases in government funding for nanotechnology research. The effective design of research projects will be important to maximise the likelihood of successful commercialisation of intellectual property arising from that research. The nature of nanotechnology, as an emerging field with potential applications in a wide range of existing technologies, gives rise to special considerations for its effective protection and commercialisation.

While reliance upon trade secrets may be an adequate way of protecting some nanotech inventions, typically patent protection will be essential if the invention is to be licensed or sold. Given that nanotechnology often involves fundamental and significant advances, patentability may be relatively easy to establish. Assessing the patentability of a nanotech invention requires special considerations by virtue of its likely application in a diverse range of conventional technologies. Conversely, the high number of existing patents covering fundamental research in nanotechnology means researchers need to take care that they do not infringe other's patent rights when conducting their research or commercialising their research outcomes. Licensing of Nanotech patents may extend to fields other than of interest to the licensor.

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