Transcript Strategies for Protecting Clean and Sustainable Technologies

Strategies for Protecting Clean
and Sustainable Technologies
Dr Justin Blows
Patent Attorney, Griffith Hack
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GRIFFITH HACK
• chemical, physical and
biological carbon capture and
storage
• carbon credits and trading
• hydroelectric and tidal power
• vehicle energy storage
• energy efficient structures
• solar thermal & photovoltaic
• wind
• biofuel
• thermal recycling
• recycling tyres
• natural ventilation
• energy harvesting
• co- and tri- generation
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• pyrolysis of organics
• carbon neutral industrial
processes
• integrated farming
• environmentally friendly
solvents
• effluent treatment
• environmental impact
monitoring
THE BIG PICTURE
• Debate about climate change moved to
how do we respond
• 2007 Australian per capita emissions:
28t CO2 equivalent
• 2050 target:
2t CO2 equivalent?
• Concern about
energy security
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GOVERNMENT POLICY
RESPONSE
• Use Markets and Free Enterprise
– Cap & Trade scheme
– Enterprises must reduce
emissions to
remain competitive
– Incentive to licence and
develop climate change
mitigation technology
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PATENTS PROMOTE NEW
TECHNOLOGY
• Free enterprise is charged to develop climate change
mitigation technology not government
• Patents allow return on investment
• Patents facilitate licensing and diffusion of technologies
• Governments should
strengthen or maintain
patent rights for climate
change mitigation
technology
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WHY YOU SHOULD PATENT
• A patent provides exclusive rights
• Patentees get a seat at the negotiating table
• Patentees can extract concessions from
competitors
• License or sell patents for profit
• Investors want patents
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DON’T BE LOCKED OUT
• Increasing number of patent filings
• Don’t be left to play catch up
• Danger of being locked out of your market by
competitors’ patents
• File defensive patents
• Negotiate your way out of trouble
using your patent
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FILE PATENTS IN DEVELOPING
NATIONS
• Developing nations will become the biggest polluters
• Biggest & most economic reductions
in developing world
• Expect strong incentives to bring
clean technologies to developing
nations
• Clean development mechanism
• Future international carbon trading
• Clean and sustainable technology
markets shifting to developing world
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CLAIM CARBON CREDITS
• Generating clean power may generate carbon
offsets
• Your technology becomes more valuable if you also
protect the credits generated
• Consider patent claims for measuring / calculating
amount of CO2 emitted or not, or sequested.
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WATCH OUT
• Regularly search for your competitors
patents
• Periodically search the patent landscape
to identify landmines and opportunities
• Before starting projects
check you will not infringe
the patents of others
• Check if others have
patented before you
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PROJECTING YOUR CREDENTIALS
• Project & protect your clean and sustainable credentials
– Trademarks
– Domain names
• Get in quick - don’t be locked out
• Take care!
– ‘carbon neutral’
– ‘carbon offset’
– ‘carbon footprint’
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CONCLUSION
Clean and sustainable IP strategy:
– Filing patents to protect your investment
– Using patents for leverage & extract concessions
– Claiming carbon credits in patent applications
– Patenting in the developing world
– Filing defensive patents
– Licensing or selling patents
for revenue
– Knowing what patents are
out there
– Filing trademarks
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