Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 24, Issue 8
Share on Social
Climate Change and the Patenting Process Doing Its Part
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
The United States Patent and Trademark Office (USPTO) is addressing this urgency with the Climate Change Mitigation Pilot Program. This program stands as a beacon, providing an expedited patenting process for innovative technologies that play a role in mitigating climate change. It encompasses technologies geared towards greenhouse gas removal, emission prevention, emission monitoring, promotion of renewable energy sources, energy efficiency enhancements, and sustainable advancements in transportation, water conservation, and waste management.
Launched in 2022, the USPTO expanded the program in 2023 to run until either June 7, 2027, or upon reaching a total of 4,000 grantable petitions for expedited review, whichever occurs first. This extension to the program demonstrates the USPTO’s ongoing commitment to supporting inventors and researchers working on climate change solutions.
Under this expanded program, green tech applications receive special status, accelerating their review process without having to meet usual requirements for expedited review.
This initiative not only expedites the transformation of ideas into tangible solutions but also fosters collaboration among stakeholders to address pressing environmental challenges. The increased allowance for applications receiving expedited review amplifies the program’s efficacy in facilitating the transition of innovative climate-related technologies from conceptualization to market-ready deployment.
The intersection of patents and climate change is a critical nexus in the pursuit of sustainable solutions on a global scale. As highlighted in “The Patent Lawyer Magazine” dated February 15, 2024, climate change is indeed a global issue that demands rapid action. UN Secretary-General Antonio Guterres’ call for net-zero greenhouse gas emissions by 2050 underscores the urgency of addressing climate change.
Initiatives like the USPTO’s Climate Change Mitigation Pilot Program play a crucial role in incentivizing and accelerating innovations that contribute to mitigating climate change. Globally, initiatives such as WIPO’s Green Inventory and WIPO GREEN demonstrate similar collaborative efforts to connect inventors, facilitate knowledge exchange, and accelerate the development and adoption of green technologies. Fast-track patent approval programs in various countries further underscore the international recognition of the importance of green innovations.
Global trends in green technology patenting indicate a strong push towards sustainable solutions. India issued over 60,000 patents for green technologies in recent years. The substantial increase in patent grants, design registrations, and brand registrations in India reflects a growing commitment to fostering innovation through intellectual property protection. It is clear that patents not only provide legal protection but also serve as catalysts for investment, innovation, and confidence-building in the realm of green technologies.
The convergence of patents and climate change presents a pivotal opportunity to drive sustainable solutions on a global scale. The continued advancement of initiatives like the USPTO’s Climate Change Mitigation Pilot Program, coupled with global policy support for green patents and investments in green technologies, will play a significant role in shaping a more sustainable and resilient future for generations to come.
Paul Ratzmann is a partner at Fishman Stewart and a registered patent attorney, practicing in many technology fields. As an engineer, before he became a patent attorney, Paul was an inventor and is listed on eleven US patents, such as the one listed here.
Related Content from Fishman Stewart
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents. We also know that more than 10,000 patents were in existence before the count began.
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
A White Out: Holiday Cheer for Collegiate Sports Licensing
Fish Tank: Newsletter Volume 24, Issue 29
This holiday season, many will hope it’s a white out, a classic white Christmas, as they unwrap gifts of licensed collegiate apparel. While thanking the givers of those gifts is probably the right thing to do, I’d say thank the White Out.
In 2021, artist Mason Rothschild created a series of non-fungible tokens (NFTs) that depict fuzzy handbags called “MetaBirkins” which he offered for sale on the NFT marketplace OpenSea. In 2022, the French luxury brand Hermès, known for its “Birkin” handbags, filed a lawsuit for trademark infringement and other claims against Rothschild.
In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
