Patentability of Nanotechnology Inventions: Does it Mark a Shift in Patent Law's Normative Orientation?

Abstract

It is commonly believed that small sizes do not matter, but in the field of nanotechnology, the smallest size of matter is all that matters. Nanotechnology refers to a set of techniques used to manipulate,1 image, measure, and model matter at dimensions [roughly] between 1 and 100 nano-meters. 2 These dimensions are otherwise known as nano-scale.3 At this length scale, the physical, chemical and biological properties of matter such as conductivity, magnetism, elasticity, reactivity, quantum mechanics, melting temperature and colour may change in unusual and unexpected ways.4