3.3c

Nanotechnology: the invention-discovery dichotomy implications for trade and innovation

We explore the distinction between invention and discovery in nanotechnologies. Inventions can be patented and owned by private entities while discoveries belong to the public domain. Science belongs to all, technology is the skilful application of science to produce tradable artefacts and remedies. The 3.3c project is part of the broader research effort (3.3) on revisiting patent law and policy.

The issues addressed in this project fall within the challenge of how to appropriately incentivise the development of enabling technologies produced by the advances in nano-sciences in a way that will not hinder the availability of the information, the creation of knowledge and innovation, and the free expression of creativity to the weakest or poorer partners in trade.
The goal of this project is to discover if as postulated there is a case that can be constructed that evidences the erosion of the fundamental distinction between discovery and invention, in particular, if quantum effects are responsible for the device or application’s characteristics as laid down on the patent claims. Evidence, or lack of such evidence, will constitute the substance of our investigation.

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3.3a, Institutional conflicts (...) 3.3b, Ceilings in the TRIPS (...)
image 1: Dannie Jost
image 2: Dannie Jost