This book critically examines the evolving landscape of nanomedicine and its intersection with patent law, focusing on the Indian patent system in comparison with both US and EU frameworks.
Through a detailed scientific and legal analysis, this book explores whether nanomedicine inventions meet patentability criteria and examines how current regulations shape innovation in the field. It reveals that nanomedicine innovation, particularly in cancer therapeutics, is often driven by regulatory compliance rather than genuine therapeutic advancements. Empirical research, based on patent claims and prosecution histories from the Indian Patent Office (IPO), the US Patent and Trademark Office (USPTO), and the European Patent Office (EPO), highlights significant gaps in IPO Manuals and guidelines. These inconsistencies have led to the grant of low-quality patents, potentially stifling innovation and undermining India's patent regime. To address these challenges, this book proposes illustrative examples and tests for adequately examining nanomedicine patent claims, aimed at fostering high-quality patents and ensuring robust adjudication of nanomedicine inventions. It uses the IPO as a case study through which important lessons regarding patentability in nanotechnology can be learned.
This book will be of interest to researchers in the field of nanotechnology, intellectual property, and patent law.