Janaé Lehman Bell
McKee, Voorhees & Sease, P.L.C.

Nanotechnology has been heralded as the next Industrial Revolution, promising to change the way things are made and the way we live.

Currently, a top-down approach is used to make products, that is, raw materials are processed and manipulated until the desired product is achieved.  In contrast, nanotechnology mimics nature by building a product from the ground up using a basic building block - the atom.  In nanotechnology atoms are arranged to create the material needed to create other products.

We already have encountered the benefits of nanotechnology in our daily lives - stain-resistant or wrinkle-resistant khakis we all love and wear are a result of a molecular modification of cotton fibers.  These modified pants contain DuPont's Teflon nonstick cookware technology which prevents liquids and stains from "sticking".

Additionally, nanotechnology allows for making materials stronger and lighter such as carbon nanotube composite fibers. These fibers are seventeen times tougher than the Kevlar used for bulletproof vests.

Nanotechnology is expected to be big business.  The private sector has been busy applying nanotechnology to electronic, magnetic and optoelectronic, biomedical, pharmaceutical, cosmetic, energy, and catalytic industries.  In October 2004, the United States government began financially supporting research in nanotechnology by allocating $3.7 billion over four years.

Those wanting to protect their investment in their nano-based inventions have been filing patents in droves and the applications are quite diverse. The United States Patent & Trademark Office (USPTO) has had to make some adjustments to facilitate the search and examination procedures of nanotechnology-related patents. This information is available in a new cross-reference digest for nanotechnology -- designated Class 977/Dig.1.

The USPTO's rationale for the cross-reference digest is three-fold.  First, it will provide much needed aid in the searching of prior art related to nanotechnology.  Second, the new cross-reference digest will facilitate the assembly of issued U.S. patents and published pre-grant patent applications relating to nanotechnology across the technology centers.  This will help examiners identify prior applications that claim the same or similar invention.  Third, the digest will allow for a more complete nanotechnology cross-reference art collection classification schedule.

The USPTO already has begun identifying and adding relevant documents to the nanotechnology digest, allowing for the development of a comprehensive nanotechnology cross-reference art collection (Class 977, Nanotechnology) classification schedule that will replace the nanotechnology digest.  It is expected that this schedule for Class 977 will include definitions, subclasses and search notes related to classifications in other U.S. classes.

The USPTO cautions that until the comprehensive nanotechnology cross-reference art collection classification schedule is published, the cross-reference digest should not be construed as a comprehensive collection of all patent documents relating to nanotechnology.  Once developed, the nanotechnology cross-reference art collection classification schedule will allow examiners to search prior art, better determine the amount of knowledge on a particular invention, as well as determine what patents have been granted in a certain area.  This will allow for better review by the examiner and patents that are commensurate in scope.

As defined by the USPTO, the Class 977, nanotechnology, provides for disclosures:

• related to 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 a fundamental understanding of phenomena and materials at the nanoscale and to create and use structures, devices and systems that have novel properties and functions because of their small and/or intermediate size.

Janaé Lehman Bell is a patent attorney with the Des Moines, Iowa-based firm of McKee, Voorhees & Sease, P.L.C. She holds a Ph.D. in pathology and microbiology as well as a master's degree in biotechnology. For more information, log onto www.ipmvs.com or call 515-288-3667.