Patents And Green Technology: Balancing Innovation And Access In A Changing Climate
- IJLLR Journal
- Mar 23
- 1 min read
Vineet Bidhuri, LLM, Hidayatullah National Law University
ABSTRACT
Green technology, which includes renewable energy technology, sustainable transportation technology, waste management technology, and energy efficiency technology, has become a new frontier in the global fight against climate change. Intellectual property rights, especially patents, have become a key player in green technology development. Patents provide a temporary monopoly for inventors in return for a disclosure of their inventions. This monopoly provides a financial incentive for inventors to engage in R&D activities. Patents also allow inventors to profit from their inventions by establishing a licensing regime. The interplay between patents and green technology is fundamentally a complicated relationship. Patents provide a monopoly for inventors that simultaneously limits access to green technology in developing countries, which are most in need of green technology to address the global climate change threat. This paper explores the dual functions of patents in green technology development and access, examining the extent to which the current patent regime incentivises innovation while simultaneously constraining it. Drawing on national and international intellectual property frameworks, relevant case studies, and comparative legal analysis, the paper concludes with policy recommendations for harmonising patent laws, strengthening technology transfer agreements, and constructing a green technology regime that serves not only individual commercial interests but the broader interest of the environment. The paper argues that while the current patent regime provides essential incentives for green technology development, structural reforms — particularly in compulsory licensing, patent pooling, and technology transfer — are necessary to ensure that patent law fulfils its potential as a driver of equitable global sustainability.
