Author: B. VEENA NIRUDHIYA, GOVERNMENT LAW COLLEGE, Tamil Nadu

INTRODUCTION 

In this modern era, we are witnessing an increasing convergence of law, technological advancements, and policy decisions on environmental crises responding to significant issues of climate change and sustainability. Towards the destination of sustainable development, innovations supporting green technologies hold a pivotal position, where they are designed to mitigate environmental degradation and support sustainable development. However, when the question of commercialization of such innovations arose, the Patent law provides the answer for determining the extent of incentives and protection for such inventors.

PATENT LAW AND GREEN TECHNOLOGY

Patents incentivize innovation by granting inventors exclusive rights to their valuable inventions. For green technologies, this creates a clear balance between managing proprietary rights by offering incentives for research, investment, and development, and restricting access to these technologies, which are essential for addressing global environmental crises. So, a patent is an exclusive legal right provided to the inventor if it satisfies the essentials of novelty, non-obviousness, and industrial application. The inventor can exercise his/her right to make, use, sell, or license the invention for a specific period, typically for 20 years in most cases. India has the Patents Act, 1970, which had undergone several necessary amendments, particularly in 2005, to show its compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Green technology is inclusive of any sort of product, service, or process that promotes sustainability and reduces environmental hardships. It is often considered as environmental technology, where innovations in this sector often speak about energy efficiency, renewable energy sources like solar, geothermal power, etc., pollution control, waste management, etc. 

This is the sector in need of serious attention as there is a rapid growth and evolution, where most of the companies are aligned to protect their intellectual property, which they invested in their Research and development (R&D). But the traditional Patent protection often raises questions about accessibility, more particularly in developing countries, as there is an equal importance for the affordable availability and commercialization. In this sector, patents often encourage high-risk technologies to achieve environmental benefits. The Governments of various countries are granting incentives to the inventors for their expedited examination and special classifications for safeguarding such innovations. It can never be denied that patents can foster green technological advancements to reduce environmental hazards and promote sustainable practices to counter pollution and other related problems by conserving the available valuable resources. 

PIVOTAL ROLE OF WIPO

Whenever Intellectual Property rights are discussed, the World Intellectual Property Organization (WIPO) can never be ignored. As in all the IP concerns, WIPO showed its participation in green technologies. WIPO Green, one of the notable initiatives, is an online platform established in 2013. The role of WIPO Green is to facilitate the exchange of environmental technologies around the globe. It acts as a platform to promote green technologies and aids the inventors in finding suitable licensees, and often collaborates with countries and industries.

It extends the support to SMEs, larger corporations, and innovators by providing a global database for green technologies and facilitating sustainable solutions practically. It also consists of the Green Technology Book, which shows the emerging environmentally friendly developments. In addition to this, the IPC Green Inventory, an online tool, was deployed in 2010, which helps in searching and retrieving green technologies patent documents, possessing potential environmental areas.

GLOBAL PERCEPTION OF GREEN TECHNOLOGY

It is an undeniable fact that there is an increasing recognition and necessity for green technology, and Governments are making immense efforts to meet the safe climatic conditions and sustainable environmental considerations. The developed countries, like the US, EU, etc, have set examples through their legislative framework to commercialise and streamline the innovations through patents. 

1. United States

The United States shows its support for the development of sustainable technology for a better environment through speedy patent examination processes. Furthermore, the United States Patent and Trademark Office (USPTO) has included a new category of inventors who respond rapidly to mitigate climatic challenges through green sources of energy using green technologies for the Patents Humanity Awards Program. This category widely appreciates patent applicants, holders, and even licensees who have inventions associated with green energy technologies, addressing climate change, and encouraging inventors to show active participation in facing environmental concerns.

2. China

China has indeed shown more green patent filings and investments in green technologies by focusing on the implementation of policies to streamline the patenting process for innovations. It had participated in healthy competitiveness in promoting electric vehicles, solar cells, etc. It is pertinent to note that major Chinese companies have obtained over 1,00,000 patents, emphasising the importance of IP rights. In addition to this, China has shown its active involvement in solar cell technology, emanating its strong commitment towards sustainability and protection of IP rights.

3. European Union

The European Union has taken enormous efforts to promote environmental sustainability through several initiatives, like the European Green Deal of 2019 and the European Climate Law of 2021, aiming to achieve climate neutrality by 2050, but unfortunately, deliberate patent-specific measures are absent. However, Article 27(b) of the Unified Patent Court Agreement allows the researchers and developers to utilise the patented technologies in the absence of prior authorization from the patent holders for experimental purposes. Thus, in the arena of Environmental, Social, and Governance (ESG), the provision acts as a helper to promote experimentation in the absence of a green patent policy.

4. India

India has proved that it shows a keen interest in promoting green technologies, patents on waste management, and alternative energy production. India is one of the countries that shows remarkable importance in maintaining the striking balance between the commercialisation and monopolistic rights of the patent holder and the accessibility and affordability of the necessary inventions to the general public, which is evident in the legislative measures themselves. India embraces the concept of compulsory licensing which insists on the necessity of public interest, that also inclines towards environmental concerns. The Government had also introduced legal frameworks emphasizing the importance of developing green technologies and potential alternatives through the Patent Amendment Rules of 2016 in general. 

SHORTCOMINGS IN PATENT PROTECTION FOR GREEN TECHNOLOGIES

The common challenges and issues revolving around patent protection for green technologies are the non-cost efficiency aspect for research and development, and time consumption for filing, in some cases, and delay in enforcement rights, acting as a potential hurdle for small companies, especially in developing countries. Most of the bigger companies prioritise commercial benefits over accessibility, which ties the complexity knots even more tightly.

One of the emerging and concerning issues in patent law is the practice of patent thicketing by the bigger companies to show their marketplace dominance and monopoly over the smaller ones, where there will be multiple patent holders over a single invention. It acts as a barrier for these green technologies if such an overlapping patent strategy is handled. This creates a conundrum in licensing and patent protection in the domain of green technologies, also. In addition to this, the concerns of enforcement must be focused especially in the developing countries.

FOCAL POINTS FOR INDIA’S BETTER SUSTAINABLE FUTURE

Indian Patent law in itself possesses several lacunae in general. The common issues include time-consuming patent filing, a costly filing process, and the enforcement of rights once again poses a threat to the smaller companies in the green technology development. But the quintessential concept of compulsory licensing helps in the accessibility of innovations and balances the interests of the inventors as well as the public. It is the need of the hour for India to take deliberate steps on green technologies by addressing the above-mentioned issues in the legislation, introduction of green technology specific rules and guidelines and appreciating the presence of innovators in a developing country like India through incentives, which encourage the innovators to show active participation in addressing environmental concerns, consequently causing the achievement of better environmental conditions.

NOTABLE PRECEDENTS

1. Diamond v. Chakraborty

The landmark case questioned the patentability of genetically modified organisms, paving its way for a new beginning of bioengineering, agriculture, and environmental concerns. Chakraborty created a genetically modified organism (GMO) to break down the components of crude oil, and there arose the question of patentability. The Court ruled that they can be patented and ensured the possibility of patenting biotechnologies. This case can be considered as an important example in addressing environmental concerns like the removal of hazardous components from natural resources.  

2. West Bengal Chemical Industries Limited v. GTZ (India) Private Limited 

WBCIL put forth the allegation towards GTZ that it had made patent infringement for the chemical process. The Court insisted on the significance of protecting patent rights to promote innovation by favouring WBCIL, as the company clearly proved the aspects endangering the interests of the company.  This case also showed the importance of green technologies, which potentially help the innovators to create new ideas to mitigate the environmental crises.

3. Enercon (India) Ltd. v. Enercon GmbH 

It is one of the significant Indian case laws in the context of green technology and international technology transfer. This case is evident in showing the necessity of legal mechanisms to resolve cross-border green technology disputes. Enercon GmbH alleged that its Indian subsidiary that there is a violation of the licensing agreement from the side of Enercon India as it utilised the patented wind turbine technology without authorization. The Court upheld the exclusive rights of Enercon GmbH and directed to resolve the dispute be resolved through arbitration. 

4. Wildberries v. European Patent Office

In this case, the EPO’s decision was challenged for the refusal of patent grant to the novel textile waste reduction technique. The EPO clarified its stance on sustainable innovation and its significance in green patents. It emphasised that the need for proper disposal of industrial waste and the sustainable aspects needed to be focused on. 

CONCLUSION

Earth is a precious space that all living organisms own. It is the responsibility of every individual to protect the same from advanced environmental problems. There is a necessity to control and eradicate the hazardous impact created on the environment. New inventions stretch their hands to protect from the adverse impact on our environment. But it is also equally important to protect such new inventions that are helpful to counter such issues. These tangible assets can be potentially safeguarded by the Patent laws, where there are numerous steps and measures taken by countries across the globe. 

Green technology can address the environmental concerns, and such technologies are protected by our Patent laws globally, encouraging new inventions in this sector. It is significant to address the lacuna in our legislative frameworks so that we can efficiently support the inventions and the efforts of the inventors to protect our world. There are numerous measures taken, but the inherent issues in the Patent laws must be addressed, and the hurdles for the inventors must be removed. If there is a potential balance maintained between the interests of the inventors, the people of the countries, and the environment we live by promoting sustainability and green technologies apart from focusing on the commercial perspective, the future generations will be able to witness a better environment in the upcoming years.

REFERENCES

BOOKS REFERRED

1. Principles of Intellectual Property, Second Edition- N.S. Gopalakrishnan and T.G. Agitha
2. Intellectual Property, Second Edition- Elizabeth Verkey and Jithin Saji Isaac.

WEBSITES REFERRED

1. Akarsh Sharma, Green Tech Patents and Intellectual Property Law: Balancing Innovation in Sustainable Technologies with IP Protections, The Law Communicants https://thelawcommunicants.com/green-tech-patents-and-intellectual-property-law-balancing-innovation-in-sustainable-technologies-with-ip-protections/
2. Empowering Green Innovation through IP: Exploring WIPO GREEN & IPC Green Inventory, PATHtoIP https://www.pathtoip.com/blogs/empowering-green-innovation-through-ip-exploring-wipo-green ipcgreeninventory/#:~:text=WIPO%20GREEN%20acts%20as%20a%20dynamic%20marketplace%2C%20connecting,Inventory%20streamlines%20global%20patent%20searches%20for%20green%20inventions 
3. Green Technology Patent: A Key to Sustainable Development, Intepat, https://www.intepat.com/blog/green-technology-patent-a-key-to-sustainable-development  
4. U.S. Patent & Trademark Office, Patents for Humanity: Green Energy, U.S. PATENT & TRADEMARK OFFICE, https://www.uspto.gov/ip-policy/patents-humanity-green-energy 
5. Mark WANG, CHINA’S ROLE IN GREEN TECH PATENTS, S&O https://www.so-ipr.com/S-O-IP-l-HOME/insight/publications/chinas-role green-tech patents#:~:text=The%20rise%20in%20patent%20applications%20in%20green%20technology,while%20fostering%20competitive%20advantage%20and%20sustainable%20economic%20growth.  
6. Laura Coucke, Adam Lybaert, Green Patents and ESG Innovation: The Role of the European Patent Framework, https://www.taylorwessing.com/en/insights-and-events/insights/2025/07/patents-as-a-driver-of-innovation-and-green-technology