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ISSUES

ISSUES RELATED

RELATED TOTO

NANOTECHNOLOGY

NANOTECHNOLOGY

Legal

Legal Issues

Issues

Patents Patents

toto have

have aa solid

solid grasp

grasp of

of certain

certain applications

applications the

the examiner

examiner may

may need

need anan inin depth

depth knowledge

knowledge of

of

engineering, biology

engineering,

biology and

and physics

physics ---- and

and the

the number

number of

of researchers

researchers inin the

the world

world with

with such

such

capabilities

capabilities are

are not

not easy

easy toto come

come by.

by.

Michel Hoffmann,

Michel

Hoffmann, 2006

2006

– biotechnology

biotechnology

– pharmaceuticals

pharmaceuticals

Patent Applicability

Patent

Applicability:: ItIt isis generally

generally accepted

accepted that

that the

the properties

properties of

of matter

matter

and other

and

other fundamental

fundamental scientific

scientific discoveries

discoveries are

are not

not patentable.

patentable. InIn order

order

toto secure

secure aa patent,

patent, the

the invention

invention must

must bebe "any

"any new

new and

and useful

useful process,

process,

machine, manufacture,

machine,

manufacture, or

or composition

composition of

of matter,

matter, or

or any

any new

new and

and useful

useful

improvement thereof.“

improvement

thereof.“

erry K.

TTerry

K. TTullis,

ullis, Current

Current Intellectual

Intellectual Property

Property Issues

Issues inin

Nanotechnology,

Nanotechnology, 2004

2004 UCLA

UCLA J.L.

J.L. && TTech.

ech. Notes

Notes 1212

http://www.lawtechjournal.com/notes/2004/12_040809_tullis.php

http://www.lawtechjournal.com/notes/2004/12_040809_tullis.php

Legal

Legal Issues

Issues

Regulation Regulation

Nanotechnology isis likely

Nanotechnology

government regulation;

government

balance

likely toto produce

the goal

goal of

produce aa great

of this

great deal

deal of

of debate

debate for

for

regulation; the

this debate

debate would

would bebe toto achieve

achieve aa

balance between

between comprehensive

comprehensive regulation,

regulation.

Joel Rothstein

Joel

regulation, focused

Rothstein Wolfson,

Wolfson, Social

focused regulation,

Social and

and Ethical

Ethical Issues

regulation, and,

Issues inin

and, inin

some instances,

some

instances, nono regulation.

Nanotechnology:

Nanotechnology: Lessons

Lessons from

from Biotechnology

Biotechnology and

and Other

Other High

High Technologies

Technologies,, 2222 Biotechnology

Biotechnology L.

L. Rep.

Rep. 376,

376,

384 (2003).

384

(2003).

Any regulatory

Any

regulation may

the other

the

other hand,

regulation

regulatory extreme

may make

extreme may

may present

present aa risk;

risk; onon one

one end,

end, very

very little

little

make investors

too much

investors reluctant

reluctant toto support

may lead

support development,

undesirable, and

and

development, onon

hand, too

much regulation

regulation may

et al.,

al., 33 S.

S. Cal.

lead toto undesirable,

at 603.

603.

avoidable,

avoidable, consequences.

consequences. Fiedler

Fiedler et

Cal. Interdisc.

Interdisc. L.J.

L.J. at

The

The vast

vast range

range of

of devices

devices and

and products

products that

that will

will likely

likely bebe produced

produced byby

such asas the

the

nanotechnology companies

nanotechnology

Food and

Food

companies may

may require

require many

many agencies,

of Health

agencies, such

and Drug

Drug Administration,

Institute of

of Health,

Administration, the

Health, or

or the

have their

the Environmental

the Department

own regulatory

Environmental Protection

Department of

Protection Agency,

Health and

Agency, the

the

National Institute

National

Services, toto either

Services,

and Human

Human

either have

their own

regulatory approach

approach or

L. Rep.

or toto develop

Rep. at

develop aa

coordinated regulatory

coordinated

regulatory approach.

approach. Wolfson,

Wolfson, 2222 Biotechnology

Biotechnology L.

at 384.

384.

Environmental

Environmental Issues

Issues

““Grey

Grey Goo”

Goo At

At the

the grossest

grossest level,

level, there

there isis the

the fear

fear that

that someone

someone will

will

design self-replicating

design

self-replicating nanorobots,

nanorobots, capable

capable of

of making

making copies

copies of

of

themselves from

themselves

from materials

materials found

found inin nature,

nature, and

and that

that those

those nanorobots

nanorobots will

will

convert everything

convert

everything inin the

the world

world into

into copies

copies of

of themselves,

themselves, thus

thus wiping

wiping out

out

the entire

the

entire biosphere.

biosphere.

Military

Military Applications

Applications devices

devices that

that can

can infiltrate

infiltrate electronics

electronics and

and

seize control

seize

control at

at crucial

crucial moments,

moments, artificial

artificial “disease”

“disease” agents

agents that

that can

can rest

rest

harmlessly inin victims’

harmlessly

victims bodies

bodies until

until activated

activated byby anan external

external signal,

signal, and

and soso

on.

on.

Environmental

Environmental Nanotechnology-based

Nanotechnology-based agents

agents for

for crop

crop destruction,

destruction,

forest-cover removal,

forest-cover

removal, and

and area-denial

area-denial applications

applications are

are likely

likely toto pose

pose

familiar environmental

familiar

environmental problems

problems inin aa new

new fashion.

fashion.

Glenn Harlan

Glenn

Harlan Reynolds

Reynolds 2001,

2001, Environmental

Environmental Regulation

Regulation of

of Nanotechnology:Some

Nanotechnology:Some Preliminary

Preliminary Observations,

Observations,

Environmental

Environmental Law

Law Institute®,

Institute®, Washington,

Washington, DC.,

DC., http://www.eli.org

http://www.eli.org

Societal

Societal Issues

Issues

Studying

Studying the

the societal

societal impacts

impacts of

of aa new

new technology

technology

examines how

examines

how aa product

product will

will bebe used,

used, what

what existing

existing

technologies itit might

technologies

might displace,

displace, what

what kind

kind of

of jobs

jobs itit

might

might create,

create, and

and what

what might

might bebe the

the potential

potential

economic impact

economic

impact of

of the

the technology.

technology.

New

New business

business opportunities

opportunities inin nanotechnology

nanotechnology are

are

beginning rapidly

beginning

rapidly while

while current

current industry

industry leaders

leaders are

are

increasing their

increasing

their investments.

investments. Like

Like many

many new

new research

research

areas, nanotechnology

areas,

nanotechnology has

has the

the potential

potential toto change

change

industries, allowing

industries,

allowing smaller,

smaller, more

more flexible

flexible businesses

businesses

toto overtake

overtake larger,

larger, established

established businesses.

businesses.

Societal Dynamics

Societal

Dynamics of

of Nanotechnology

Nanotechnology http://www.clarkson.edu/projects/nanobird

http://www.clarkson.edu/projects/nanobird

Health and

Health

and Safety

Safety Issues

Issues

• • http://www.clarkson.edu/projects/nanobird/2.2.php http://www.clarkson.edu/projects/nanobird/2.2.php
http://www.clarkson.edu/projects/nanobird/2.2.php
http://www.clarkson.edu/projects/nanobird/2.2.php

Health and

Health

and Safety

Safety Issues

Issues

The difficulty

The

difficulty facing

facing members

effects of

members of

of the

the scientific

scientific community

our health

community when

when

health isis that

that

studying these

studying

many of

many

of

of these

these effects

these studies

of nanomaterials

are being

nanomaterials onon our

being performed

studies are

performed onon animals

practice inin

animals instead

instead

difficulties inin

of humans.

humans. Though

Though this

this isis aa frequent

frequent practice

disciplines, there

pharmaceuticals and

pharmaceuticals

relating reactions

relating

humans.

humans.

and other

other disciplines,

there are

are difficulties

reactions observed

observed inin animals

animals with

with potential

potential reactions

reactions inin

TToxicity

oxicity studies

studies using

using mice

mice and

and rats

rats suggest

suggest that

that certain

certain

nanomaterials could

nanomaterials

thought toto induce

thought

studies

could bebe more

more toxic

toxic than

than quartz,

quartz, traditionaly

traditionaly

induce serious

serious damage

damage inin humans.

into the

humans. However,

the tracheas

However, these

these

tracheas of

studies directly

directly injected

rather than

injected nanoparticles

than observing

observing them

nanoparticles into

of these

these

rhodents, rather

rhodents,

human might.

human

might.

them inhaling

inhaling the

the particles

particles asas aa

Societal Dynamics

Societal

Dynamics of

of Nanotechnology

Nanotechnology http://www.clarkson.edu/projects/nanobird

http://www.clarkson.edu/projects/nanobird

Conclusion

Conclusion

Most

Most issues

issues onon nanotechnology

nanotechnology are

are

still

still at

at itsits infancy

infancy and

and inconclusive

inconclusive

Patchy

Patchy regulatory

regulatory framework

framework

Rogue

Rogue group

may take

take advantage

advantage of

of

group may

this loose

this

loose work

work