Cleantech & Nano Blog Timely insight on emerging legal and business development

Monthly Archives: May 2010

2010: Investment and Licensing Opportunities May Arise in New Areas – Cleantech Energy Patent Landscape Report

Posted by John M. Lazarus on Posted in Licensing

The 2010 Cleantech Energy Patent Landscape Report Executive Summary recently released by Foley & Lardner LLP highlights key findings from a review of nearly 825 granted U.S. patents specific to clean energy production, efficiency, and conservation technologies within 11 focal categories:

  • Solar
  • Wind
  • Hydro
  • Geothermal
  • Biomass
  • Nuclear
  • Hybrid vehicles
  • Fuel cells for vehicles
  • Utility metering
  • Smart grid technologies
  • CO2 storage or sequestration

To aid industry executives, start-ups, individual inventors, and investors in identifying and leveraging market opportunities in this continually changing landscape, this annual analysis offers insight on regional cleantech activity, the specific technologies for which patent protection is being granted and who is obtaining these patents, focal points for venture capital investments, areas of patentable white space, and potential licensing availability for corporate entities.

For a copy of our full Cleantech Energy Patent Landscape Report, please contact John Lazarus at jlazarus@foley.com.

PTO’s Proposed Changes To Provisional Practice

Posted by Shaun Snader on Posted in Patent

The U.S. Patent and Trademark Office (“PTO”) recently proposed rule changes with the goal of “effectively provide a 12-month extension to the 12-month provisional application period (creating a net 24-month period).” 75 Fed. Reg. 16,750 (April 2, 2010). The rulemaking may particularly affect nanotechnology companies because the rulemaking is aimed at giving additional time for companies to determine whether nascent technology is worthy of the pursuit for a patent. While the proposed rulemaking has laudable goals, reducing burden on both applicants and the PTO, the proposed changes are likely to provide little benefit to applicants and will form a trap for the unwary.

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USPTO Expands Green Technology Pilot Program

Posted by Shaun Snader on Posted in Patent

The United States Patent and Trademark Office (USPTO) expanded the Green Technology Pilot Program this part Friday. 75 Fed. Reg. 28,554 (May 21, 2010). The Green Technology Pilot Program, which was first announced on December 8, 2009, allows applicants to obtain accelerated examination of applications “pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction),” if certain conditions are met, by filing a petition requesting that the application be advanced out of turn. See 74 Fed. Reg. 64,666 (December 8, 2009). One of those conditions was that the applications must be classified at the USPTO in one of the pre-defined areas.

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SYNTHETIC, SELF-REPLICATING CELLS FROM VENTER WIDELY IN THE PRESS

Posted by J. Steven Rutt on Posted in Nano Biotechnology

Big news emerged last week about one more step taken from the scientific laboratories toward the concept of artificial life.

First, before more comments on that news, some context: nanotechnology relates to revolutionary control of matter at the nanoscale. This mission encompasses biological matter, which provides a connection between nanotechnology and other fields such as synthetic biology and biotechnology generally. We often see the terms “nano biotechnology” or “nanomedicine” as further capturing these interdisciplinary themes. Controlling matter on the nanoscale means also controlling life forms and at least theoretically making new life forms. One can argue that creating new life forms is still science fiction. OK, granted, but keep reading.

In that context, nanotechnology and synthetic biology made national, world news last week when the group led by Craig Venter (J. Craig Venter Insitute, JCVI) published a paper in Science on what some have said is the creation of the world’s first self-replicating, synthetic cell. The abstract for the paper is included at the end. The JCVI press release is here.

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GLOBAL WARMING US PATENT FILINGS EXPLODING

Posted by J. Steven Rutt on Posted in Patent

We continue to find evidence that cleantech patenting is hot (not just warming, no pun intended).

For example, the attached chart shows a recent rapid rise in US patent application publications which refer to “global warming.” Briefly, only about 400 patent applications published each year with reference to global warming several years ago. Now, that number has essentially tripled and has now cleared 1,000 per year (and the 2010 number is projected to be substantially higher than 2009 – over 438 patent publications have already appeared in 2010). Many of the patent filings may not claim technology directly useful to solve global warming, but clearly global warming increasingly helps frame the patent description.

        

Two years ago, in May 2008, the European Patent Forum held in Slovenia addressed the topic of patenting and climate change. Connecting patents into the global warming law and policy debate, likely, will continue to grow in importance.

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Nanotech Continues to Fuel Cutting Edge Cleantech

Posted by J. Steven Rutt on Posted in Book Reviews

Important examples continue to emerge where nanotech is fueling cutting edge cleantech. Leading examples are summarized in the recently published book, The Rise and Fall of American Technology, by Lynn G. Gref (Algora, 2010, 207 pages, $23.95 on Amazon.com).

Gref’s review of the American technology landscape is not limited by any means to nanotech and cleantech. He surveys all areas of technology (although admitting his lack of experience with biotechnology). However, near the end of his work, he pulls out a series of examples which “may have a significant impact on America’s future well-being.” (page 161). Gref’s purpose was to “excite one about the future possibilities for American R&D.” At this point, he focuses on cleantech, and much of the cleantech is nanotech as exemplified by companies such as A123 Systems.

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Biofuel Developments: Government Support Continues; Patent Activity Exploding

Posted by J. Steven Rutt on Posted in Cleantech

Biofuels and biomass technology continue to be hot in the cleantech sector this year.

The Obama Administration and the U.S. Department of Agriculture continue to promote advanced biofuels and now, in an effort to craft useful policy, they welcome comments from the public. See April 19, 2010 developments wherein the federal government is receiving public comments for three biofuel loan guarantee and payment programs.

Additionally, the patent filings in the area are increasingly substantial. The United States Patent and Trademark Office (USPTO) patent publication program began in 2001 and with that came a start-up period for all the applications to be published. While the success of patents in this area of technology took several years to gain traction, the past couple years have seen double and even triple increases as reflected in the data below.

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Web Conference: Rewards and Risks of “Green:” Where Innovation Is Meeting Investment

Posted by Edouard C. LeFevre on Posted in Cleantech; Invest

Foley’s Rewards and Risks of “Green” Web Conference series will explore ways for executives in green technology industries to identify and leverage market opportunities while navigating legal and regulatory uncertainties.

In our first installment on May 11, 2010, “Where Innovation Is Meeting Investment,” we will reveal U.S. innovation trends based on issued green technology patents and garner insights from a leading global investor in the renewable energy and energy efficiency industries, Good Energies. The discussion will include:

  • Innovation landscape — white space versus over-saturation
  • How investors assess investment opportunities
  • Which green technology sectors appear likely to attract investment in the near to mid-term
  • Financing and IP strategies for green technology companies at different life cycle stages

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