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Mandel, Gregory N. --- "Regulating Nanotechnology through Intellectual Property Rights" [2010] ELECD 726; in Hodge, A. Graeme; Bowman, M. Diana; Maynard, D. Andrew (eds), "International Handbook on Regulating Nanotechnologies" (Edward Elgar Publishing, 2010)

Book Title: International Handbook on Regulating Nanotechnologies

Editor(s): Hodge, A. Graeme; Bowman, M. Diana; Maynard, D. Andrew

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446731

Section: Chapter 18

Section Title: Regulating Nanotechnology through Intellectual Property Rights

Author(s): Mandel, Gregory N.

Number of pages: 19

Extract:

18 Regulating nanotechnology through
intellectual property rights
Gregory N. Mandel1


18.1 INTRODUCTION

Discussions of how to regulate emerging technologies routinely turn at
some point to intellectual property rights, and particularly to patent law.
The association between regulating technology and patent law may appear
obvious at first glance. Patent law is the primary area of law concerning
technology, and a patent grant is often an antecedent to the development
and commercialization of a new technology.
One might reason that the patent system's existing role in technological
development could be expanded to regulate technology in other respects
as well. Patent law provides incentives for the development and com-
mercialization of technology. Therefore, patent doctrine may be capable
of incentivizing the development and commercialization of technology
consistent with particular regulatory goals. In the context of nanotech-
nology, this might include protecting society from any potentially prob-
lematic health, safety, environmental, or other detrimental impacts. This
chapter addresses whether the patent system can be used to regulate such
nanotechnology risks.
Though the link between patent law and technological regulation may
appear superficially attractive, in reality patent law provides a poor means
to regulate technology. Past attempts to utilize patents in this regard have
been largely unsuccessful. Further, patent systems already face great chal-
lenges handling nascent and interdisciplinary nanotechnologies consistent
with their traditional core mission. These difficulties make it likely that
any attempt to protect against uncertain human health and environmental
risks, a task no patent system has ever successfully accomplished, is ...