First published in Cleantech magazine, November/December 2009. Copyright Cleantech Investor 2009
The fast paced development of cleantech technology over the years is evident! It is more important than ever for companies to protect their innovative technology.
by Jenny Donald and Chris Bond of Forresters
The World Intellectual Property Organisation (WIPO) - the body which oversees the international patent filing system - indicates that international patent applications filed in ‘environmental technology’ have increased by over 100% from 2000 to 2008. In contrast, the overall increase in international patent applications has increased by only 75% in the same period. The slightly more than doubling of patent applications in the cleantech area in eight years suggests that, as individuals and organisations become more aware of the need to develop environmentally friendly technologies, the need to protect this innovation is prevalent.Government bodies worldwide are recognising the importance of intellectual property in the cleantech field and, in particular, the necessity for patent owners to not only protect their patents but to do so quickly. In May 2009, for example, the UK Intellectual Property Office (UKIPO), the UK public body which oversees the patent grant procedure in the UK, opened a ‘Green Channel’ for patent applications relating to ‘green’ or ‘environmentally friendly’ technology, which permits a patent application relating to such technology to be dealt with on an expedited basis. It is expected that similar initiatives will provide fast track systems to Patent Offices worldwide. This fast track patent system helps IP owners to attract investment at the early stages of development, which is of course critical if the technology is to succeed.
The growth in the cleantech sector is particularly predominant in the area of water technology. The ever increasing demand for water and need for efficient and safe processing of water, in particular wastewater management, has led to an appreciation by many government organisations and large companies that further investment is required in this area. This investment is reflected by the growing number of international patent applications being filed for such technology.
Many types of technology in the water area are subject to patent applications and granted patents. The sub-sectors where patent applications are particularly prevalent include water purification, reclamation and treatment, conservation, water pump efficiency and increasingly hydro/wave and tidal power. A small number of applications are also being filed in the fields of irrigation, desalination and metering, which are clearly potential areas for growth.
With respect to one particular aspect of water technology, amelioration of potable water and related fields (PCT applications falling under the CO2F international classification), WIPO’s statistics indicate that filings increased from 575 in 2000, to 957 in 2008.
The number of published PCT applications directed to ‘water treatment’ has shown a steady increase from 71 in 2000, to 131 in 2008. Focusing on a specific type of water treatment, published PCT applications in the ‘desalination’ area, there is evidence of a marked increase: from just five in 2000, to 51 in 2008.
In sectors which look set to become saturated market areas in the future in terms of technology development, it is important to establish a strong patent portfolio in order to be able to negotiate beneficial cross-licensing deals in the event that the innovation is found to overlap with another company’s patent protection.
In growth areas, such as water desalination, the filing of a patent application can be useful for establishing a broad share of an emerging market sector. The patent portfolio will also prevent competitors from using the technology and encroaching on the share of the market.
Emerging water technologies, like most technologies, often start from a theoretical model, which must be put into practice to secure both investors and clients. Patents can be utilised to help secure early investment and are usually essential when seeking partnership with other firms. Investors often ask for a firm’s patent portfolio to be checked prior to completing a deal. Therefore, it is important that water technology companies obtain patent protection at an early stage.
Any technology which has industrial applicability, and which is new and non-obvious, is capable of being patented. It is important that a new technology is kept confidential prior to the filing of a patent application. Any disclosure of a technology, in any way (apart from disclosures made under confidentiality/non-disclosure agreements), prior to filing a patent application will likely result in the granted patent being invalid and unenforceable. All companies or individuals with new inventions are strongly advised to seek the advice of a patent attorney before disclosing their inventions in any way. Patent attorneys are able to draft and prosecute patent applications and advise on all other aspects of the patenting process. They can also help VCs and investors during the due diligence process.
Jenny Donald (
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) is a Senior Associate; Chris Bond (
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) is an Associate. Forresters is a firm of Patent and Trade Mark attorneys based in London, Birmingham, Liverpool, Munich and Moscow: www.forresters.co.uk).
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