Patenting Systems, Patentable Subject Matter, and Prior Art

The International School of Solid State Physics presented the 56th Course"Materials for Renewable Energy” in Erice (Italy), from July 18th to 28th 2012. This course was sponsored by the Italian Ministry of Education, University and Scientific Research, the Materials Research Society and the European Materials Research Society. The event was hosted at the "Ettore Majorana Foundation and Centre for Scientific Culture”. The school reviewed critical materials issues for the production and storage of renewable and sustainable energy. The aim of the School was to present the state-of-the-art and future perspectives in this critical area. It was to bring together the international community of students, young scientists, and experts in a unique atmosphere for reciprocal benefits in terms of enthusiasm, knowledge and new ideas.

Broad Concerns about Nanotechnology Patents: Symptoms and Diagnosis

We discuss the concerns that the patenting activity in the new nanotechnologies could blur the line between what is considered a discovery and what can be considered as an invention. We find that the nature of nanotechnology products, research, and the development agendas in science and engineering fields that include biomimetics pose a challenge to the present practice of including chemicals as eligible patent subject matter. After revisiting the historical development of patent law and noting its divergence from the developments in science and technology, we introduce the distinction between simple and complex machines as these relate to chemistry and nanotechnology. This distinction poses the question of what is the logical category of inventions that fall within patentable subject matter given that patent law was conceived to cover simple machines, not complex ones.