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Nanotech and the Patent System: A Review of Innovation and Its Discontents
Volume 2, Issue 1

J. Steven Rutt, Foley & Lardner

Although Innovation is a good read, unfortunately, the title is incorrectly alarmist: with all due respect, the patent system is not broken.  Certainly, our patent system, like democratic government itself, is dynamic, is in need of improvement and is becoming more complex every year.  But it is not broken.  Despite this alarmist flaw, those working in nanotechnology should consider the books message.  By understanding the important issues raised in Innovation, one can better appreciate and strategically use the patent system.  Although Innovation makes reference to biotechnology more than nanotechnology, it does expressly refer to nanotechnology as a leading emerging industry.  In this brief piece, Innovation is reviewed with particular focus on nanotechnology and with a lawyers perspective who works daily and directly in the trenches with nanotechnology and emerging companies grappling to extract value out of our patent system.

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