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Navigating Nanotechnology Patent Thickets
Broad patents can be issued, but changes at the US Patent and Trademark Office will help
Email: Stephen B Maebius - smaebius@foley.com The Scientist 2004, 18(23):44
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The entire patent system is a delicate balancing act. Ideally, it should allow innovative companies to get a product out by granting reasonable rights to a new idea, technique, or compound, without granting patents so broadly that they stifle innovation. However, it inevitably takes time for the US Patent and Trade Office (USPTO) to gear up on issues relevant to a rapidly emerging area of technology. During that lag period, a small number of overly broad patents may be issued, and in other cases, justifiably broad patents will be issued on pioneering inventions.
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