Facilitating Eco-Friendly Inventions: Challenges And Opportunities For Sustainable Patenting In The Indian Legal System
- IJLLR Journal
- Aug 18
- 1 min read
Rohini. S, Research Scholar, School of Law, Hindustan Institute of Technology and Science, Padur, Tamil Nadu
Dr. K. Jameela, Assistant Professor, School of Law, Hindustan Institute of Technology and Science, Padur, Tamil Nadu
ABSTRACT
This research paper examines the intersection of environmental sustainability and intellectual property rights, with a specific focus on the challenges and opportunities for facilitating eco-friendly inventions through the Indian patenting system. Using a doctrinal legal research approach supported by empirical stakeholder surveys, the study explores the legal, procedural, and institutional barriers hindering the effective protection of green technologies in India. The paper critically analyzes the provisions of the Patents Act, 1970, relevant judicial decisions, and international frameworks such as TRIPS and WIPO Green, identifying gaps in the Indian system related to legal ambiguity, high costs, lack of specialized expertise, and procedural delays. Empirical data gathered from patent attorneys, innovators, researchers, and officials further highlights practical constraints and stakeholder recommendations. The study underscores the potential for reform through legislative amendments, green patent fast-tracking, judicial activism, and ecosystem-wide capacity building. Ultimately, it argues for a reformed patent regime that not only protects intellectual property but also actively advances India’s environmental and climate goals by incentivizing and enabling sustainable innovation.
Keywords: Green Patents, Intellectual Property Law, Environmental Innovation, Patent Law India, Sustainable Technology, TRIPS, WIPO Green, Climate Change, Doctrinal Legal Research, Patent Reform India.
