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CHAPTER 10 Commercialization of Nanotech... > 10.7 Role of the Entrepreneur, Major... - Pg. 259

10.7 Role of the Entrepreneur, Major Corporations and National Laboratories 259 the case for nanotechnology industries. The case for patenting appears to be self-defeating compared to trade secrets and copyright protection. However, filing a `provisional patent' as opposed to a `utility patent' does indeed show to potential investors that the patent is pending and also shows whom the inventor is. This last statement is interesting in that in the United States, the patent system is based on a `first to invent' standard rather than `first to file' standard. This is unique to the United States and does not exist in other countries. The process of filing a provisional patent is simple, low cost and announces the origin of the invention. A provisional filing also preserves the right to foreign filings. The restrictions on innovation may stem from patent filings. This may be due to the narrow scope of the inventor's claims in the patent, or may be due to the way that the research was initially funded. If the patent is borne out of Government funding, then the Government can issue a royalty- free licence to the inventor of the patent. This provision was made under the 1980 Bayh­Dole Act and it gives universities and small business enti-