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IPR in nanotechnology: Lessons from experiences worldwide

This international workshop on IPR in nanotechnology has been organised jointly by the European Patent Office (EPO) and DG Research of the European Commission and took place on 16 April 2007 at Marriot Renaissance Hotel in Brussels, Belgium. The workshop was connected to the Third International Nanotechnology Conference on Communication and Cooperation INC3 which took place from 17 to 19 April at the same venue.

Objectives of the workshop

The aim of the nanotechnology IPR workshop was to identify specific IPR issues for nanotechnology and to discuss possible consequences for patent offices, policy makers, patent consultants and the research community. Many aspects have been identified in ongoing academic and political discussions (see literature survey), such as the costs of patenting and the accessibility of patents for SMEs or Developing Countries, the need of a transparent and clearly defined scope of patent protection, the implications of "nanopatent land grab" and "patent thickets" (R. Bawa), "nanotech patent battles" (Lux Research), "second nature" and "monopoly patent" (ETC Group) etc. The discussions were aiming at possible actions specific for nanotechnology, i.e. the need for a better patent monitoring system (incl. classification) of nanotechnology for patent application and examining, technology analysis and policy advice purposes, the possible need for harmonisation between the EU, the USA and Japan, the need for a new 'nanotechnology patent regime', the development of guidelines for the protection of IPR and models for consortium and licensing agreements, lessons for collaborative research projects and other research collaborations etc. (non-exhaustive list).

Proceedings
Main results
List of participants

Final Programme (with presentations):

08:30-09:30 Registration and coffee
09:30-09:45 Welcome and introduction to the workshop, Jens Gaster, DG Internal Market (MARKT), European Commission
09:45-10:00 Using Patents as an Information Source for Nanotech Policy & Business, Martin Meyer, SPRU Brighton, UK
10:00-10:45 Nanotechnology patents at the patent offices USPTO and EPO and in Brazil:
10.45-11:00 Coffee break
11:00-11:20 Nanotechnology patents in Brazil:
11:20-11:30 Questions and answers
11:30-12:30 Nanotechnology patents from user/applicant perspective:
12:30-13:00 Questions and answers
13:00-14:00 Lunch break
14:00-15:00 Statements from all participants (tour de table)
15:00-15:15 Structuring the discussion, Angela Hullmann, DG Research, European Commission
15:15-16:00 General discussion (with contributions by all participants)

How to establish a patent monitoring system in nanotechnology? How can Patent Offices, patent analysers and standardisation organisations contribute? (chaired by Manfred Scheu (EPO), discussants from patent offices, ISO and CEN, EC, OECD, patents analysers)
16:00-16:15 Coffe break
16:15-17:30 General discussion (with contributions by all participants) (cont.)
  • A new challenge for the protection of IP in nanotechnology? Is there a need for a new patent regime? (chaired by Denis Dambois (DG Research) - discussants from research institutes, patent offices, WIPO, research projects, ETPs, EC, OECD)
  • Which lessons can be learnt for IPR of European research projects and other research collaborations? (chaired by Denis Dambois (DG Research) - discussants from research institutes, research projects, ETPs, EC)
17:30-17:45 Final statement and summary of the workshop, Renzo Tomellini, Head of unit "Nano S&T; - Convergent Science and Technology", DG Research
18:00 Reception of the INC3 conference at Marriott Renaissance Hotel, Brussels, Belgium
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