Recent legal developments from a nanotechnology perspective

With the recent major changes to the patent law system, it is more important than ever for nanotechnology-based companies to reevaluate their patent strategy. The changing patent law landscape presents not only new challenges but also new opportunities. Nanotechnology-based companies will have to fi nd resources to not only quickly innovate but also quickly fi le for patent protection to beat their competitors. However, the race to the Patent Offi ce should be carefully planned, because haphazard and rushed fi lings may cost a company worthwhile patent protection. Nanotechnology companies will have to work closely with their patent attorneys to fi le patents that are carefully drafted to avoid known pitfalls, while making sure the patent disclosure is comprehensive enough to provide the desired patent protection. This article covers (1) challenges and opportunities presented by the Leahy-Smith America Invents Act, (2) how to avoid patentable subject matter pitfalls, and (3) how to draft patent disclosures to enable broad patent protection.