Document Type
Article
Abstract
This Article examines the infringement laws of the patent statute in the context of nanotechnology. It suggests that staunch application of the current strict liability standard for patent infringement to nanotechnology will presumptively result in inadvertent, inequitable, and uneconomical infringement suits, which are contrary to the purposes of patent protection and the economic efficiency of strict liability. This Article further suggests that strengthening the notice requirement in the patent law may mitigate this foreseeable conclusion. Part II compares the unique characteristics of nanotechnology to traditional technology. Part III examines the theories and goals of patent protection, and suggests that liability for inadvertent infringement is not supported by traditional doctrines of patent protection. Part IV discusses the origin and development of strict liability regime, its economic rationale in the law, and its limitations when applied to the nanotechnology patent context. Part V proposes amending the patent statute to strengthen the notice requirement thereby preventing infringement by innocent possession. Finally, Part VI proposes the possibility of imposing liability on manufacturers that fail to provide the necessary controls under tort theories of liability.
Recommended Citation
Siddharth Khanijou,
Patent Inequity?: Rethinking the Application of Strict Liability to Patent Law in the Nanotechnology Era,
12 J. Tech. L. & Pol'y
(2007).
Available at: https://scholarship.law.ufl.edu/jtlp/vol12/iss2/2