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.