Pharmaceutical Nanotechnology and Nanomedicine

Companies are often forced to internally debate whether to apply for a patent or keep the invention “secret.” This question is particularly ripe in the field of nanotechnology, where methods of producing nano particles/structures are difficult to reservably engineer. Thus, the consequences of the public disclosure mandated during the patenting process can be especially harsh if an attempt to obtain a patent is ultimately unsuccessful. This presentation will explore the essential factors that should be balanced when debating whether to apply for a patent or maintain a trade secret. This presentation will also discuss relatively new procedures at the United States Patent and Trademark Office that, if leveraged correctly, will allow an applicant to have its cake and eat it too.