NANOTECHNOLOGY PATENTING: LEGAL ASPECTS AND ITS CONNECTION WITH INTELLECTUAL PROPERTY RIGHTS

Abstract

The manipulation or handling of things at the atomic and molecular level, or nanotechnology, has become a revolutionary area with usages across a variety of sectors, including producing goods, electronic devices, energy, and healthcare. Intellectual property rights (IPR), especially patents, are essential for promoting creativity and safeguarding technical breakthroughs because of their multidisciplinary character and economic viability. The regulatory structure controlling the patenting of nanotechnology is explored in the present article with particular attention paid to issues with patentability requirements, in international legislation, and the Indian statutory. This article emphasizes the importance of international agreements and domestic programs like India's Nano Mission, as well as the difficulties of originality, non-obviousness, and industrial usability in nanotechnology technologies. The paper ends with suggestions for bolstering patent frameworks to encourage the advancement of nanotechnology while resolving moral and legal issues.