(MS) Will IP laws have to
change to accommodate new concepts of nano-authorship or
nano-inventorship? Who owns the right to works created by
nano-bots?
(PYS) The use of nanotechnolgy will lead to the
development of new materials. When using common elements in a
combination that until the development of nanotechnology was
considered impossible develops a new stronger lighter material
will its designer be given patent protection? Or will the
machines and programs that run them be protected?
(PYS) For nanotech patents, what is "prior art"? The design? But don't designs and products frequently merge -- i.e., how many ways are there to "design," say, wheat? So is wheat prior art, or is the design of wheat "novel" simply because someone will be the first to create a wheat nanofactory? So will all everyday, common items be potentially "patentable" to the extent that they can be created by nanofactories? Since nano-creation will be far cheaper (in marginal costs) than natural creation, what effectively will be the difference between owning a patent on a nano-product and owning the patent on a natural product, given that the former will be far preferable to the latter?
(PYS) In a world dominated by mature nanotechnology, what would the effect be on our society’s view of property rights and its belief that a particular configuration of matter is an important property interest? In a world in which nearly any object could be manufactured on-site from inexpensive materials, would the only really meaningful property right be in the underlying intellectual property? What ramifications would this trend have on our current intellectual property law regime and the duration of exclusive rights granted under these laws?
(PYS) Is taking an atom from an object conversion
from the owner of that object? More generally, how do we define
"de minimis" effects and intrusions in a world of nanotech?
(PYS) With the advent of nanoproducts that have
the ability to re-engineer genes and cellular machinery, it
would be conceivable for criminals to disguise their original
fingerprints, retinal patterns, blood types, or even genetic
material. What ramifications would such technology have on our
criminal justice system and immigration laws?(DF) Once we have assemblers, most of the cost of a
new nanotech device is design cost. If we try to regulate
nanotech, should we do it at the design end or the production
end?
(RM) Presuming
international law will be applied, what international laws might
we adopt? What international laws would various countries
actually agree to? Who would enforce such laws?
(MS) Under the current FDA definitions, drugs
work "chemically" and devices work "mechanically." How would
these definitions need to change (if at all) to accommodate
nanotechnology?
(MS) If carbon nanotubes of a certain size were found to cause
ill health effects, similar to asbestos, for example, should
designers and manufactures be held liable for damages?
(MS) As nanotech becomes more common in products or methods of
production, should notification be required on packaging
alerting consumers that, "this product may contain nanobots"?
(MS) Currently the
federal government almost always has near-unlimited use to
technology developed using federal funds. If federally-funded
research begets the first generation of nanobots, and those
nanobots build the next generation of nanobots, and the cycle
continues down several iterations just how much will the
government be entitled to? Everything that flows from the
original nanobot technology?
(RM) What items, if any, should not be
manufacturable by generally available nanofactories?
a) Nanofactories with no built-in
security features?
b) Weapons of mass destruction,
including nuclear weapons (a consequence of cheap isotopic
separation), various gray goos, nerve gases, chemical weapons,
and other nasty things?
c) Items that are currently regulated,
including various drugs, drug paraphernalia, assault rifles,
pornography, sex toys, etc?