Jones Walker LLP

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  • Established in 1937
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Protecting Eco & Green Intellectual Property

With increasing emphasis on climate change, green building, alternative energy sources, energy savings, and sustainability, developing and protecting intellectual property becomes a critical piece of the solution to these challenges. Intellectual property (IP) protection of green technology should accompany new innovation.

For instance, take the example of the boom of the word "green" used in trademarks. One study shows that the number of trademarks incorporating "green" increased from 1,100 in 2006 to 2,400 in 2007.1 One survey indicates that more clean energy patents were issued in 2008 than at any other time in history.2

With the increase in eco or green patents, and the rapid rate at which these applications are being filed, it is imperative to protect innovations and intellectual property in these emerging areas. The high level of patent and trademark activity also argues in favor of clearance studies to determine if new technologies and brands infringe upon existing patent and trademark rights. Often new technologies must be modified to design around existing intellectual property rights.

Our intellectual property attorneys are integral members of Jones Walker's Green Law & Sustainability team. We assist clients with evaluating and protecting new technologies from many technical disciplines and industries. These may qualify for special tax exemptions and incentive programs that currently exist or may be added to rapidly evolving legislation.

Eco and green industries are not immune from the assertion of IP rights, and these must be evaluated carefully. Some of these patents are in software-related classes or business methods, such as U.S. Patent No. 7,133,750, issued to Fannie Mae for "System and method for residential emissions trading"; and U.S. Patent No. 6,975,925, issued to Windlynx Systems, B.V. titled "Forecasting an energy output of a wind farm." These are pertinent examples, because business method patents are currently under increased scrutiny due to recent landmark court decisions.

The high level of aggressive competition in this emerging industry also breeds intense trade secret issues when highly mobile employees and executives move from company to company. Comprehensive company trade secret and technology ownership policies are therefore critical to establish and maintain a competitive edge as the industry evolves.

Working with Jones Walker IP attorneys early in the process will protect your rights and maximize your ability to capitalize on the evolving green technology that your company develops.


1. Growth in trademarks: http://greenpatentblog.com/

2. Clean Energy Patent Growth Index, a quarterly tracking service of Heslin Rothenburg Farley & Mestiti PC.

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Peer Reviews

4.8/5.0 (697 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Adam Stone by a Chief Legal Officer on 12/23/13 in Construction Law

    We work with Adam on a good bit of contruction law. We find him to be knowlegable, timely and experienced.

  • 5.0/5.0 Review for Chad Hammons by a Judge on 12/16/13 in Commercial Litigation

    I graduated law school with Chad and know him to be a very personable individual and an exceptionally bright lawyer.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

Diversity Mission Statement

Jones Walker LLP strives to encourage, foster and increase diversity across the firm. To this end, the Diversity Committee has adopted the goal of fostering a work environment that welcomes different perspectives, backgrounds and life experiences and ensures that an individual’s professional growth, experience or advancement is not limited because of gender, race, color, national origin, religion, sexual orientation, age, disability or other similar factor.

Purposes of the Diversity Committee

  • To increase awareness of the importance of diversity within the firm and of the means by which diversity enriches the firm;
  • To encourage all lawyers and staff members to develop mutual respect and appreciation for different perspectives and backgrounds; and
  • To develop and implement strategies to assist the firm in recruiting, retaining and advancing staff and lawyers from diverse backgrounds.
  • Jones Walker values all employees who contribute positively to the firm’s practice, the firm’s environment, and the greater community we serve.

In 2009, Jones Walker was named to MultiCultural Law Magazine’s list of "Top 100 Law Firms for Women," part of a series of listings of the top 100 law firms for diversity. The listings are compiled based on diversity statistics derived from annual surveys that the publication sends to law firms with more than 100 attorneys.

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