Um panorama da nanotecnologia no contexto do patrimônio intelectual brasileiro

Abstract

This work discusses how the concepts of nanoscience and nanotechnology were constructed, highlighting the advantages and weaknesses of the main current definitions. It also discusses the relevance and strategic position of technology, especially nanotechnology, in the global and national context. The discussion addresses how patents are strategic assets for economies and how nanotechnology presents peculiarities that need to be considered in patentability analyses. The paper presents a new proposed definition for nanoscience and nanotechnology, discussing its constituent elements and how the definition would impact the field. It also proposes the nanodomain as a new concept that defines the nanoscale. This definition allows for a new classification strategy for the field, with a proposed classification that separates materials according to their properties, specific to the nanoscale. A second classification was proposed considering the application of this definition in a regulatory context for the field, based on the applicability of nanotechnologies and their relevant properties to the circumstances in question. This discussion extends to bill of law PL 880/2019, which proposes establishing a legal framework for nanotechnology and advanced materials. Finally, considerations are made regarding the topic, which should be considered for the development of the sector in Brazil.