Staking Claims in Nanotech

Nanotechnology poses multiple unique problems for intellectual property claims in general and patenting in particular. It has been presented to the public that the passage of the Bayh-Dole Act is the cause of the increase of patents issued since 1980. Patent and technical literature, law journals and testimony before the US Congress was abstracted and citations were reviewed. Patterns were discovered by assaying data and graphing. We focused on Quantum Dots noting claims of patent coverage and analyzed the groups of inventers and writers that work together. Utilizing graph theory and network analysis, the key players in patenting nanotechnology innovations are identified. These help reveal that there are other more important factors than Bayh-Dole that increased the number of patents being issued. If the free flow of information that is present in peer review journals is curtailed due to the perceived necessity to patent before publishing the public interest may be harmed. Currently there is alarm over the possible legal morass and “anti-commons” that is threatening the implementation of new science with delays caused by litigation. This conceivably endangers both the funding of science and the technological advancement of industry: the very foundation of our civilization. The problems stem from a lack of legal discipline rather than who holds the assigns.