Transcript Nanotechnology Important features are

Nanotechnology
Important features are
1. Nanotechnology involves research and
technology development at the 1nm-to100nm range.
2. Nanotechnology
creates
and
uses
structures that have novel properties
because of their small size.
3. Nanotechnology builds on the ability to
control or manipulate at the atomic scale.
Effect Of Surface
Body- centered cubic crystal structure
Ratio of bulk molecules to surface molecules
L
1m
1 mm
1 µm
100 nm
1 nm*
nb
8.5 x 1028
8.5 x 1019
8.5 x 1010
8.5 x 107
99
ns
1.2 x 1020
1.2 x 1014
1.2 x 108
1.2 x 106
56
ratio = nb /ns
7.3 x 108
7.3 x 105
7.3 x 102
72
0.77
* Calculated using unit cells
Energy in Na bulk material
CONTINUOUS
(c)
Electron in a box of length L
Usually bulk properties dominate
At nanoscale
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Surface effects dominate.

Quantum effects come into play.
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Van der Waals forces become important.

Gravitational effects can be ignored.
Source: European Commission. Community Research.
2004. Nanotechnology. Innovation for tomorrow’s world.
Source: Quantum Computing: “A short Course from Theory to
Experiment, Joachim Stolze and Dieter Suter.
Source: Quantum Computing. 2004. A Short Course from Theory to
Experiment. Joachim Stoltze and Dieter Stuter.
Single-walled Carbon Nanotube
d
d = 0.4nm - 10nm
L=?
L
Lattice of covalently bonded
carbon atoms
Independent Claims
1. A transistor that uses a carbon nanotube ring as a
semiconductor material, the carbon nanotube ring having
semiconductor characteristics.
12. A transistor that uses a carbon nanotube ring as an
electrode material, the carbon nanotube ring having
conductivity or semiconductor characteristics.
18. A carbon nanotube ring having p-type semiconductor
characteristics.
19. A semiconductor device in which a carbon nanotube
ring having p-type semiconductor characteristics is placed
on an n-type semiconductor substrate thereof.
Disclosure

Detailed disclosure of
‣ method to produce carbon nanotubes
‣ method to produce carbon nanotube rings from nanotubes
‣ method of fabricating transistor using nanotube ring
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Basis for fall-back positions on ring diameter.
Nanotechnology in Electronics
Alternatives for transistors
 Carbon nanotube transistors
 Single electron transistors (SET)
Memory devices
 MRAM (various different approaches
 Phase change RAM
Photonics
Nano-electromechanical system (NEMS)
Fuel cells
Thermo-photovoltaics
Quantum computers
Software
Investments
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Large investments

Attracted more public funding than any other
single technology

2003
5 to 6 Billion USD
Source: Communication from the Commission. 2004. “Towards
European Strategy for Nanotechnology”.
IP Protection

Patent System
‣
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Nanotech vs .com wave
Trade Secrets
‣
Processes
Considerations for Patent Practitioner
On practitioner level
‣ Technology emerging, technically complex and crossdisciplinary
‣ Practitioners not experienced
‣ Nomenclature still developing
‣ Lack of experience in working in multi-disciplinary teams
‣ Case law relating to other arts.
At the Patent Offices
‣ Emerging technology, examiners not experienced yet
‣ Prior art collections still developing
‣ At least in the US, no nanotechnology examining group yet
- possible delays
- overly broad claims, at least initially.
Invention vs discovery

Distinction: discovery and invention, may become blurred

Discovery:
‣ Carbon nanotube discovered in 1991 by Sumio Iijima

Inventions:
‣ New methods to produce carbon nanotubes
consistently and economically would be patentable
‣ Applications of carbon nanotubes would be patentable
 e.g. US 6,590,231B2 relating to “Transistor that
uses carbon nanotube ring”
UTILITY
Definition and tests — matters of national law.
In ZA, the term means “effective to produce the result aimed
at or promised”.
In the US, 35 USC 101, an applicant must:
‣ claim invention that is statutory subject matter; and
‣ show that the claimed invention is “useful” for some
purpose, either explicitly or implicitly (M.P.E.P. Section
2107).
Nanotechnology in its infancy — pioneering inventions
Ensure at least one specific and credible utility is disclosed.
NOVELTY
Invention not anticipated by prior art.
Tests for anticipation and what constitutes prior art —
national laws.
In the US, “A claim is anticipated only if each and every
element as set forth in the claim is found, either expressly or
inherently described in a single prior art reference”.
(Verdegaal Bros., Inc. v Union Oil Co., 814 F.2d 628, 631, 2 USPQ
2d (BNA) 1051, 1053 (Fed Cir. 1987)).
Differences in size/dimensions may be important.
Inherency may be a problem.
Inherency can only be applied if the alleged feature would
necessarily and inherently follow.
INVENTIVENESS / NON-OBVIOUSNESS
Claiming something smaller — may invite an obviousness rejection.
“Mere scaling……..… would not establish patentability…………”.
(In re Rinehart, 531 F.2d 1048, 1053, 198 USPQ 143 (CCPA 1976)).
However, may be patentable
‣
if small structure performs or functions differently;
(In re Gardner v TEC Systems Inc., 725 F.2d 1338, 220 USPQ
777 (Fed.Cir. 1984))
‣
if prior art fails to provide enabling method;
(In re Hoeksema 158 USPQ 596 (CCPA 1968)).
The known stalwarts:
‣
‣
‣
commercial success
long-felt need; and
unexpected results
may also be relied upon.
ENABLEMENT
Specification should describe the invention:
‣ sufficiently clear and complete
‣ for invention to be carried out by a person of ordinary skill
in the art
‣ from info known in the art
‣ without undue experimentation.
Factors that are used in US to determine whether disclosure is
enabling (In re Wands):
‣ the amount of discretion or guidance presented in the spec
‣ the quantity of experimentation necessary
‣ the presence or absence of working examples
‣ the nature of the invention
‣ the state of the prior art
‣ the relative skill of those in the art
‣ the predictability or unpredictability of the art, and
‣ the breadth of the claims.
Problematic for nanotech inventions: infancy, crossdisciplines, nature, unpredictability and complexity of the
technology.
Extra care to include examples / embodiments, test data
and adequate direction / guidance.
In biotech, examiners and courts have used the
enablement doctrine to narrow the scope of overly broad
claims.
All required information: in the specification.
“Incorporation by reference” is not acceptable in the EU
and JP.
Person(s) of ordinary skill in the art currently
‣ often Ph.D graduates
‣ due to cross-disciplinary nature also group.
Nanotechnology in
South Africa (ZA)
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Substantial activity at universities, research institutions,
private companies and mining houses.
No formal nanotechnology strategy is in place yet.
Political transformation, R&D investment progressively
decreased and reached a turning point in 1997.
R&D important for a country’s global competitiveness.
ZA missed the .com wave – Government takes
nanotechnology seriously and a ZA Nanotechnology
Strategy is expected to be finalised this year.

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Basic nanotechnolgy research focussed on areas
that are directly relevant, critical and strategic to ZA
and the region.
The main drivers will be
To relieve poverty
‣ Water (membrane technology)
‣ Electricity (fuel cells)
‣ Health (drug carriers etc).
Mineral benefication
‣ gold; and
‣ titanium.
Human Resources Development
Sources:
1.
European Commission. Community Research. 2004. Nanotechnology.
2.
Científica Ltd. 2003. 2nd edition. The Nanotechnology Opportunity Report.
3.
European Commission. Community Research. 2004. Towards a European
Strategy for Nanotechnology.
4.
Koppikar, Vivek et al., 2004. Current Trends in Nanotech Patents: A View
From Inside the Patent Office. Nanotechnology Law & Business, 1(1), Article
4.
5.
Muenkel, Jonathan A. et al., Fitzpatrick Cella Harper & Scinto. Staking A
Claim In The Nanoworld.
6.
Tullis Terry K. 2004. Current Intellectual Property Issues in Nanotechnology.
UCLA Journal of Law of Technology, J.L. & Tech. Notes 12.
7.
Bastani B. & Fernandez D. Intellectual Property Rights in Nanotechnology.
Available online: [www.iploft.com/Security(DK).pdf]
8.
Halluin, Albert P. et al., 2003. Nanotechnology: The Importance Of Intellectual
Property Rights In An Emerging Technology. Intellectual Property and
nanotechnology. Tex Intellect Prop Law J, 11(3):220-657.
Innovation for tomorrow’s world.
Nanotechnology
9th OPEN
FORUM
November 2005
Presented by:
Adelhart Krüger
DM Kisch Inc
South Africa