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Ensuring That Your Nanotechnology Invention Is Properly Disclosed and Claimed
Volume 7, Issue 3

Brian L. Klock and Seth E. Boeshore

A patent grant is conditioned on inventors properly disclosing and claiming their inventions. Common techniques for drafting a disclosure and claims do not account for unique issues that arise for nanotechnology inventions. At the length scale of these inventions, classical physics is not the only thing to break down—so do many of the ways we normally express physical and spatial relationships, which is something inventors must do in clear and concise terms when describing and claiming their inventions. Issues also stem from the often rapid pace of advancements in nanotechnology: when a research field is small and the inventor is at its forefront, there may be a heightened burden to demonstrate how the disclosure enables others in field to carry out the invention. Moreover, with rapid technological advances comes new scientific terminology, some creative or unusual. These terms, however, may lack clear definition or sufficiently widespread usage within the relevant scientific community, raising problems when inventors are called on to distinctly claim their inventions.

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