Green Patents - A Climate of Change?
|
The purpose of the survey is to enhance the understanding of the role that intellectual property plays in relation to the transfer, access and deployment of ESTs. The results of the study will contribute to the United Nations Framework Convention on Climate Change Conference in Copenhagen next December.
The launch of this survey is another example of the recognition that intellectual property rights, and in particular patents, could be exploited as a useful tool in addressing environmental concerns, such as climate change. |
In May this year, David Lammy, Minister for Intellectual Property, announced a fast-tracking system for ‘green’ patents before the UK Intellectual Property Office. The scheme took immediate effect, enabling patent applicants to request accelerated processing of their application if the invention relates to a 'green' or environmentally friendly technology.
Mr Lammy said:
“Climate change affects us all and any actions we take now to improve low-carbon technology have got to be positive for both the environment and our future economic competitiveness….
"Today’s initiative builds on this by offering innovative UK businesses working in green technologies the chance to get high-quality patent rights faster than ever before. This in turn will speed up the time it takes to get products to market, benefiting both business and consumers.”
Accelerating the patent process is not always in the interest of the applicant, as they may wish to delay costs involved with the application or keep an application pending for as long as possible to maintain uncertainty in a market. The new green fast-track could, however, prove a valuable tool for some patent applicants.
Processing of UK patent applications under the scheme might be granted in as little as nine months from filing, whereas applications that are not accelerated can remain pending for up to four and a half years before refusal or grant. The green fast-track is also available for patents pending at the time of its introduction.
What is a ‘green’ technology is questionable and very little guidance has been given to its interpretation. There has been speculation that crafty patent applicants (or their patent attorneys) might be able to exploit the scheme even if their technology is not strictly environmentally friendly.
So what does the future hold for green patents, and will these schemes have any effect?
The US has already adopted its own fast-track system, but in a manner more costly to patent applicants, who must conduct a pre-examination search and analysis themselves. China has agreed to introduce a green fast-track, and the UK Intellectual Property Office is working with various major trading partners to encourage them to adopt similar schemes.
Only time will tell if green patent fast-tracking will have any beneficial impact on the exploitation of environmentally friendly technology. It has been suggested that such schemes may need to be combined with the ability for third parties to obtain patent licences as of right in order for there to be any tangible effect. The European Patent Office’s survey on licensing of ESTs will hopefully bring up some interesting points in relation to licences of right.
In the meantime, what is clear is that there is a growing consensus in the intellectual property world that the current systems need to be adapted to help combat environmental problems.
David Warrilow is a Patent Attorney. To speak to him, or for advice on patents or other intellectual property rights, please contact Silverman Sherliker’s IP Partner Dennis Lee on +44 (0)20 7749 2700 or dktl@silvermansherliker.co.uk |
