NanoTechnology At The EPO

Our Hugh Dunlop has made enquiries with the EPO regarding preparations to address the growing activity in this new field. He is told that the EPO indeed anticipates an increase in demand for patents in a range of technologies under the banner of Nanotechnology, and has appointed a working group to investigate what steps may need to be taken to meet this demand.

The working group is composed of examiners of various fields of technology as well as employees from the department of patent law and the Controlling Office. The group is contacting Examiners in other divisions serving different aspects of this broad subject to see if there are any interdisciplinary issues of search and examination that needs to be considered

Among the legal aspect that may prove to be difficult is the question in any individual case of who is the “person skilled in the art” for the purpose of assessing inventive step. At the more practical level, the group will consider work aspects such as what recruiting may be required for this technology.