Supporters of low-carbon technology are leading the argument that any invention which will assist in reducing the Earth’s carbon foot-print should be made widely and freely available, so we can all gain the benefits from the new technology in the fastest possible way.

These supporters are calling for compulsory licensing options for little or no fees, because the price of the technology is raised by patenting costs and lawyer costs for the subsequent commercial negotiations needed before the technology can be distributed.

A similar argument was raised against a number of pharmaceutical companies a number of years ago. The strongest and most practical response to these arguments is that the incentive for continuing to invest in research and development lies with patenting. Without the limited monopoly provided by patents, those who invest heavily into environmentally sound technologies would simply not be able to afford to continue their research.

It seems that both the United Kingdom patent office and the Chinese patent office have both embraced this reasoning. The UK patent office began fast tracking application for ‘green-patents’ on May 12. The rationale behind the UK patent office’s decision is that by fast-tracking applications, products will reach the market faster benefiting both manufactures and consumers. Patent grants can now be achieved in as little as nine months, much quicker than the standard two to three years it takes to reach an examiner’s desk.

It should be noted that accelerated examination is available to the applicant of any UK application who makes a reasonable assertion that the invention in the patent application has some environmental benefit.

China has also agreed to fast track environmentally friendly applications, but at this stage there is no word on how such application will be distinguished from regular applications, nor on the time savings that can be made.

If you have an invention which positively contributes to the environment in any way, it may be worthwhile fast-tracking your UK application.

- Amy Hunter

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