Global Intellectual Property Issues for Nanotechs:

Transcription

1 Global Intellectual Property Issues for Nanotechs: Applications and Standards Chinh H. Pham Greenberg Traurig, LLP (617) November GREENBERG TRAURIG, LLP ATTORNEYS AT LAW Presentation to Pegasus Corp.

2 Overview 1. Intro 2. Nano Products and Markets 3. Standards for Nano

3 Definition nanotechnology: a term referring to a wide range of technologies that measure, manipulate, or incorporate materials and/or features with at least one dimension between approximately 1 nm and 100 nm; such applications exploit the properties, distinct from bulk/macroscopic systems, of nanoscale components. (ASTM International Standard Terminology Relating to Nanotechnology, November 2006)

4 Conference on The Global Regulation of

5 Nanotechnology is NOT an industry - Enabling technology allows for different technology applications, more efficient applications or better applications - Spans spectrum of technology

6 Nano R & D is still robust - Lower profile than 3-5 years ago - Nano activities often no longer labeled as such - Companies have re-aligned/re-branded for more sexy, low hanging fruit opportunities

7 Abundance of Nano-Products - Currently over nano-enabled products - Sales of products incorporating nanotechnology to be ~ 2 trillion dollars in about 5 years

8 Conference on The Global Regulation of

9 Current Nano-enabled Products - Appliances Batteries, HVAC, Kitchen Appliances - Automotive Exterior, Maintenance & Accessories - Coatings

10 Current Nano-enabled Products - Electronics & Computers Audio, Cameras/ Film, Computer Hardware, Displays, Mobile Devices, TV and Video - Food & Beverages Cooking, Food, Drinks, Storage, Supplements - Children s Goods Toys & Games, Basics

11 Current Nano-enabled Products - Health & Finess Clothing, Cosmetics, Personal Care, Sporting Goods, Sunscreen - Home & Garden Cleaning, Construction Materials, Home Furnishings, Luggage, Paint - Pet Products

12 Companies with Nano-Products A123, Adidas, AMD, Brooks Brothers, Coppertone, Canon, Daimler Chrysler, Dupont, Eddie Bauer, Eastman Kodak, GM, Head, Hitachi, Hyperion Catalysis, IBM, Intel, Lancome, L Oreal, Microsoft, Motorola, Nantero, Nikon, Panasonic, Remington, Samsung, Sanyo, Speedo, Sony, Toshiba, Turtlewax, Victorinox (Swiss Army), Vidal Sassoon, Wilson, Yokohama Tires, and Many More

13 Massachusetts - A Leader in Nano - Over 100 self-identified nano companies - Over $100 million/year in capital investment (private & federal) - Existing industries enabled by nano (bio/pharma, med-devices, semiconductor etc.) - Forefront of academic-based nano R&D (Northeastern, Harvard, MIT, UMass Amherst)

14 Need for Standards - Encourage R&D and commercialization - Improve communication among stake- holders - Protect public health and environment - Serve as a basis for regulation

15 Standards Organizations - International Organization for Standardization (ISO) - ASTM International (ASTM) - Institute of Electrical and Electronics Engineers (IEEE)

16 ISO TC229 - Five (5) working groups: (1) Measurement and characterization for EHS (2) Terminology and nomenclature (3) Measurement and characterization (4) Health, Safety and Environmental Aspects of (5) Material specifications

17 ISO TC229 - Three (3) sets of standards in place: (1) Health and Safety Practices in Occupational Settings Relevant to (2) Terminology and Definitions for Nano-Objects -- Nanoparticle, Nanofibre and Nanoplate (3) Vocabulary: Carbon Nano-Objects

18 ISO TC229 - Standards under development (30+) (1) Characterization of single walled carbon nanotubes (2) Inhalation toxicity testing of metal nanoparticles (3) Characterization of multi walled carbon nanotubes (4) Methodology for classification and categorization of nanomaterials

19 ISO TC229 - Standards under development (30+) (5) Characterization of nano-calcium carbonate, nano-titanium dioxide (6) Safe handling and disposal of manufactured nanomaterials (7) Guidelines for occupational risk management of engineered nanomaterials (8) Toxicological assessment of engineered nanoscaled materials

20 ISO TC229 - Standards under development (30+) (9) Terminology and vocabulary focusing on bio/nano interface, nanoscale measurement and instrumentation, medical/health/personal care applications, nanomanufacturing processes (10) Endotoxin test on nanomaterial samples

21 ASTM E56 Nanotechnology - Seven (7) subcommittees (4 technical): (1) E56.01 Informatics and Terminology (2) E56.02 Characterization: Physical, Chemical, and Toxicological Properties (3) E56.03 Environment, Health, and Safety (4) E56.04 International Law and Intellectual Property

22 ASTM E56 Nanotechnology - Seven (7) sets of standards in place: (1) Terminology Relating to Nanotechnology (2) Guide for Measurement of Particle Size Distribution of Nanomaterials in Suspension by Photon Correlation Spectroscopy (3) Test Method for Analysis of Hemolytic Properties of Nanoparticles

23 ASTM E56 Nanotechnology - Seven (7) sets of standards in place: (4) Test Method for Evaluation of the Effect of Nanoparticulate Materials on the Formation of Mouse Granulocyte-Macrophage Colonies (5) Test Method for Evaluation of Cytotoxicity of Nanoparticulate Materials in Porcine Kidney Cells and Human Hepatocarcinoma Cells

24 ASTM E56 Nanotechnology - Seven (7) sets of standards in place: (6) Standard Practice for Calculation of Mean Sizes/Diameters and Standard Deviations of Particle Size Distributions (7) Guide for Handling Unbound Engineered Nanoscale Particles in Occupational Settings

25 ASTM E56 Nanotechnology - Standards under development (1) New Standard Terminology for Nanotechnology (2) Measurement of particle size distribution of nanomaterials in suspension by Photon Correlation Spectroscopy (PCS) and (3) by nanoparticle tracking analysis (NTA) (4) Zeta potential measurement by electrophoretic mobility

26 IEEE - Two (2) working groups: (1) IEEE 1650 TM - Develop standard methods for electrical characterization of carbon nanotubes (2) IEEE 1690 TM - Develop standard methods for characterization of carbon nanotubes used as additives in bulk materials

27 IEEE - One (1) set of standards: (1) Test Methods for Measurement of Electrical Properties of Carbon Nanotubes

28 What can we expect - Nano R&D will continue to increase - More nano-enabled products available - Continued increase in patent filings - More standards will be developed (Nomenclature, characterization and classification, toxicity testing, risk management) - Improved communication and interaction between industry, gov t and public

29 THANK YOU! Chinh H. Pham Greenberg Traurig, LLP (617)