A framework of evolution and potential impact of nanotechnology in USPTO: the SWOT analysis
by Neha Saini; Prem Pandey; Amit Kumar Tiwari; Atul Kulkarni
International Journal of Intellectual Property Management (IJIPM), Vol. 14, No. 1, 2024

Abstract: Being an emerging technology, nanotechnology provides the most promising tools that impact market growth and our daily lives. However, commercialisation remains a challenge due to ambiguously broad claims of nanotechnology patents. The broadness of the claims of nanotechnology patents is attributed to the absence of prior art and R&D in this domain. Nanotechnology patents fail to get IP protection despite fulfilling the necessary conditions of patentability, and patent protections. Considering these loopholes, the main impetus of the current review is the analysis of the patents granted in nanotechnology and its associated domains, by USPTO during a definite span of 2016-2021. Notably, 50.62% of nanotechnology patent's share in USPTO belongs to US investors and companies, indicating a kind of 'home advantage'. Considering all the stats and facts, the assessment of USPTO nanotechnology patents might help to guide policies and strategic recommendations. Alongside, the SWOT analysis of nanotechnology patents of USPTO predicts the unseen future threats and opportunities, and measures to prevent technological weakness, enhancing development.

Online publication date: Wed, 17-Jan-2024

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