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William & Mary Business Law Review

Abstract

This article examines the intersection of nanotechnology and patent law, focusing on the patentability of nanoscale reproductions of macroscale machines. As nanotechnology emerges as a transformative field with the potential to revolutionize various industries, the legal framework surrounding intellectual property protection becomes increasingly critical. The article discusses the challenges posed by existing patent laws, particularly the notion that "mere scaling" of prior inventions may not meet the requirements for novelty and non-obviousness. It argues that the unique properties and functionalities of nanoscale devices differentiate them fundamentally from their macroscale counterparts, warranting a reevaluation of patentability criteria. By analyzing the normative foundations of patent law and the implications of nanoscale innovations, the article advocates for a legal approach that recognizes the distinctiveness of nanotechnology, thereby fostering innovation and development in this promising field.

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