Le droit des brevets a-t-il besoin d’une définition d’invention nanotechnologique ? (1ère partie). L’absence de standardisation du concept d’invention nanotechnologique
Does patent law need a definition of nanotechnological invention? (1st part) Lack of standardization of the concept of a nanotechnological invention

Summary/Abstract: RESEARCH OBJECTIVE: The scientific objective of the first part of the article is to analyze the impact of the lack of standardization of the concept of nanotechnological invention on its protection in the field of intellectual property. RESEARCH PROBLEM AND METHODS: The essential research problem consists in determining when an invention can be considered a nanotechnological invention eligible for protection under intellectual property law, and whether standardizing the notion of nanotechnological invention could facilitate its identification. Given the article's objective, analytical and dogmatic methods, as well as a review of case law, will be used. THE PROCESS OF ARGUMENTATION: First, nanotechnological solutions were presented as an element of the field of industrial property, taking into account the protection of trade secrets and patent rights. The analysis then focused on the need to incorporate a legal definition of nanotechnological invention into patent law. RESEARCH RESULTS: The lack of a standardized definition of a nanotechnological invention has implications for its protection under patent law, particularly in patent searches, examination of patent applications, and the robustness of granted patents. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: Properly defining the concept of nanotechnological invention is important and necessary for its protection under intellectual property law.

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