About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Nanotech. L. & Bus. 41 (2007)

handle is hein.journals/nantechlb4 and id is 49 raw text is: Untangling the Nanothreads Between the Enablement and Written Description Requirements LEONARD P. DIANA,* LAWRENCE S. PERRY,** JOHN C. HEUTON,*** and RITA S. WU**** ABSTRACT In order to effectively prosecute and litigate patents in the emerging field of nanotechnology, the authors seek to unravel the tangled jurisprudence pertaining to enablement and written description. In this article, the authors discuss relevant portions of the history of the enablement and written description requirements under 35 U.S.C. § 112 and explore the differences between the two with respect to nanotechnology patents by comparing case law relating to overlapping and/or other developing technologies, such as chemistry and biotechnology, in which some similar issues may arise. I. INTRODUCTION anotechnology is commonly defined to be the science and engineering of manipulating materials, especially on an atomic or molecular scale. In one definition provided by the U.S. Patent and Trademark Office, nanotechnology covers research and technology development at the atomic, molecular, or macromolecular levels, in the length of scale of approximately 1-100 nanometer range in at least one dimension, and that provide[s] a fundamental understanding of phenomena and materials at the nanoscale and to create and use structures, devices and systems that have novel properties * Leonard P. Diana is a partner at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at ldiana@fchs.com. The views expressed in this article are those of the authors and not necessarily those of Fitzpatrick, Celia, Harper & Scinto or its clients. ** Lawrence S. Perry is a partner at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at lperry@fchs.com. *** John C. Heuton is an associate at Fitzpatrick, Cella, Harper & Scinto in New York. He can be reached at jheuton@fchs.com. **** Rita S. Wu is an associate at Fitzpatrick, Cella, Harper & Scinto in New York. She can be reached at rwu@fchs.com. NANOTECHNOLOGY LAW & BUSINESS - MARCH 2007

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most