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Monthly Archives: April 2011

Role of Nano in Hydraulic Fracturing Innovation (Patenting)

Posted by J. Steven Rutt on Posted in Cleantech; Patent

For those interested in seeing how nanotechnology is influencing drilling, natural gas, and hydraulic fracturing, one angle is to review the patent literature. The chart below, for example, shows a rapid growth of the use of the prefix "nano" in patents relating in some form to hydraulic fracturing. In many of these patent applications, nanotech plays a central role.

Another angle for consideration is to review patent publications in the 977 nanotechnology class. Some leading examples include:

PAT PUB # ASSIGNEE TECHNOLOGY
2011/0077176 Oxane Materials proppants
2011/0059871 William Marsh Rice University graphene/drilling fluids
2011/0056411 EPG AG cement material 
2010/0286000 Baker Hughes proppant
2010/0268470 Saudi Arabian Oil Co. nanorobots
2010/0102986 Lockheed Martin nanodevices
2009/0107673 Baker Hughes proppants
2008/0220991 Halliburton Energy Services swellable nanomaterials
2008/0119375 Schlumberger fine particle biocide

 

Cleantech and Nanotech: Subjects of the First USPTO Partnership Meeting

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The USPTO held its first Clean Technology Partnership Meeting on April 27, 2011 at its Alexandria facility. Attendance was strong. Providing a broad set of perspectives, presenters included USPTO officials, Du Pont, Argonne National Laboratories, Foley and Lardner, NanoInk, and the Pennsylvania Nanomaterials Commercialization Center. Linked here are the slides that I presented for Foley and Lardner regarding patent landscaping for cleantech. Themes included how cleantech is maturing but also dynamic with many recent changes. Discussion also included government influences, role of nanotech, international issues, and Marcellus Shale. The USPTO provided updates about its Green Technologies Expedited Examination Pilot Program (Pilot Program). They also expressed interest in hearing more from the public regarding the Pilot Program (November 2010 program update linked here).

More Evidence for Rapid Growth in Hydraulic Fracturing Patenting

Posted by J. Steven Rutt on Posted in Cleantech; Patent

PCT patent publications also show a rapid rise in hydraulic fracturing (HF) patenting, much like for U.S. patent publications. For example, from 2001 to 2006, 5-10 HF PCT patent applications published per year. Starting in 2007, this jumped unexpectedly to 22 and the trend has been maintained since then. In other words, the patent publication rate doubled starting around 2007.

For purposes of this blog, HF patents were those including the term in the abstract, which is one form of isolating patents which focus heavily on HF. In particular, 2010 showed 17 HF PCT patent publications; 2009 showed 20 HF patent publications; 2008 showed 19 HF publications, and 2007 showed 22 patent publications.
 

Du Pont and Schlumberger Lead Hydraulic Fracturing Race for 2010-2011 as HF Patenting Accelerates Rapidly

Posted by J. Steven Rutt on Posted in Cleantech; Patent

E.I. du Pont is leading the hydraulic fracturing (HF) patent race by one measure. So far, in 2010-2011, a total of 41 U.S. patents have issued wherein "hydraulic fracturing" is mentioned in the patent abstract (one lead indicator for relevant HF patents). Du Pont has the largest number of these patents, 11. The second place company is Schlumberger Technology Corp. which has 8. In third place is Baker Hughes (7), and next is BJ Services (5). No other company has more than two patents. Clearly, patenting in this area is concentrated in select companies. Only one university received a patent (Stanford).

The HF patenting rate is increasing rapidly. Whereas, since 2004, typically 10 -13 patents issue per year, in 2010, 33 issued. So far, in 2011, the number of patents has already exceeded 25 and is projected to again surpass that of prior years.
 

Reminder: USPTO’s Inaugural Clean Technology Partnership Meeting

Posted by John M. Lazarus on Posted in Cleantech

The USPTO will host its first Clean Technology Partnership Meeting on Wednesday, April 27, 2011 in an effort to bring clean technology leaders together to share insights and ideas and provide perspective on how the USPTO can expand its clean technology programs. Foley’s J. Steven Rutt, Chair of the Nanotechnology Industry Team and member of the Green Energy Technologies Team, will moderate the forum and lead a discussion on cleantech innovation, sharing insights from the firm’s soon-to-be released 2011 Annual Cleantech Patent Landscape Report.

Additional speakers include:

  • Bruce Kisliuk, Assistant Deputy Commissioner for Patents, Mechanical Disciplines, USPTO
  • Jacqueline Stone, Group Director TC 1600, USPTO
  • Neil Feltham, Senior Patent Counsel, DuPont
  • William S. Elias, General Counsel, UChicago Argonne, LLC
  • Mike Nelson, Chief Technology Officer, NanoInk, Inc.
  • Alan Brown, Executive Director, Pennsylvania NanoMaterials Commercialization Center

The meeting will be held at USPTO Headquarters in Alexandria, Va., from 1:00-5:00 p.m. To confirm your attendance, please RSVP to Jill Warden at: jill.warden@uspto.gov or (571) 272-1267. Space is limited. For additional details, please visit the USPTO Website.

 

Bob Walker’s Resignation Fuels Fuel Cell Prioritization Debate

Posted by J. Steven Rutt on Posted in Cleantech; Patent

Former Congressman, Robert S. Walker, resigned this month from the federal government’s Hydrogen and Fuel Cell Technical Advisory Committee (HTAC). Walker’s resignation letter was frank. The resignation was, perhaps, not surprising as a prior member had already resigned (Byron McCormick) and the HTAC’s March 2011 message to the Department of Energy was submitted with "some dismay." The stated concern is that the Obama Administration is cutting funding and publicly questioning the viability of making fuel cells a priority, suggesting they are a "distant dream." Some leaders in the electric vehicle industry have also been critical of fuel cell viability. However, other countries seem to continue to push ahead on fuel cell vehicles. So will the United States fall behind in this sector?

Nanotechnology is an integral technology for both batteries and fuel cells. 11% of the class 977 patent publications as of April 14, 2011 mention batteries, although only 4% mention fuel cells. Nevertheless, fewer fuel cell patent publications (141) mention the term in the abstract, title, or claims compared to battery patent publications (215). Both are clearly important applications of nanotechnology in the cleantech space.

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Congress Hears Nano Testimony

Posted by J. Steven Rutt on Posted in Legislation; Nanotech Regulation

A leading House subcommittee, Research and Science Education, heard testimony on April 14, 2011 on nanotechnology funding. A few brief highlights:

  • The testimony was more product oriented compared to past testimony.
  • Should EHS funding be increased? One person testified no.
  • Some say the Department of Energy funding and ARPA-E could be targets for scrutiny.
  • The ongoing debate is how can federal investment in nano strengthen the economy and create jobs without the government "picking winners and losers"?
  • Testimony was given by Dr. Clayton Teague (NNCO), Dr. Jeffrey Welser (Semiconductor Research Corporation); Dr. Seth Rudnick (Liquidia Technologies), Dr. James Tour (Rice University), and Mr. William Moffitt (Nanosphere).
     

Update on U.S. Patent Explosion for Hydraulic Fracturing Technology

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The impact of hydraulic fracturing on cleantech is a critical subject central to the United States’ energy policy. Meanwhile, inventors continue to file for patent protection on hydraulic fracturing (HF) technology at an exploding rate. We previously reviewed granted U.S. patents in our March 20, 2011 HF entry. Here, we note published application trends. Compared to granted U.S. patents, published applications represent more recent filing trends. Again, we see an explosion.

Since 2008, over 300 patent publications publish each year mentioning hydraulic fracturing. Before 2006, this number was less 200. In essence, the rate of patenting nearly doubled over the 2006-2007 time period. While not all of these patent publications focus exclusively on hydraulic fracturing, many of them do (e.g., approximately 16% include the term in the title, abstract, or claim).

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USPTO’s Green Tech Pilot Program—Less Than Half Of the Available Petition Grants Remain for 2011

Posted by J. Steven Rutt on Posted in Cleantech; Patent

The USPTO’s latest statistics for its Green Tech Pilot Program (dated April 4, 2011) show that 1,595 petitions have now been granted. Also, however, 1,001 have been dismissed and 195 have been denied. Finally, 310 await decision. The USPTO indicates that 250 patents have already issued under the program.

The context of this patenting is that media reports are showing a rise of clean tech venture investing in the first quarter of 2011.

The USPTO Green Tech Pilot Program is slated to cut off once 3,000 petitions have been granted, or on December 31, 2011, unless extended again, so the program is now just past the 50% mark. Based on current trajectories, it seems unlikely that 3,000 petitions would be granted by December 31, 2011.

The USPTO will discuss the program further during a Clean Tech Partnership Meeting to be held on April 27, 2011, from 1:00 pm – 5:00 pm, at the USPTO’s Madison Building conference center.
 

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Price Break, Less Red Tape Announced by DOE for Licensing Federal Government Patents

Posted by J. Steven Rutt on Posted in Cleantech; Licensing; Patent

The Department of Energy has announced a new initiative, “America’s Top Energy Innovator”.  The gist is an applicant can get a “price break” and less “red tape” in licensing patents from the federal government which are not currently licensed, focusing on start-ups.  The program begins May 2, 2011 and apparently will have a cut-off date of December 15, 2011 

In particular, the goal seems to be to make it easier for start-up companies to license. Critical issues over the value and costs of exclusive versus non-exclusive licensing were not noted.

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OLEDs in Patent Literature Rapidly Rising

Posted by J. Steven Rutt on Posted in Electronic Devices; Patent

One of the exciting markets to watch in coming months and years is OLEDs (organic light emitting diodes, a lead example of printed and organic electronics).  I noted that one fourth the way through 2011, the patent office is expected for the first time to publish more than 5,000 patent applications which refer to OLED or "organic light emitting diode" (5,292 – projected).  This number has been rapidly rising each year.  For example, back in 2004, this number was only 1,243.    The number went over 2,000 in 2006 and over 3,000 in 2008 (and over 4,000 last year). 

Nanotechnology is playing a role in OLED development as well.  Among the 977 nanotechnology patent publications, for example, 185 refer to OLED or "organic light emitting diodes."  Again, a rapid rise can be observed where this year, 2011, the projection is for about 100 (92), whereas 2010 was at 85, 2009 was at 32, 2008 was at 20, and 2007 was only 13 (which was more than the previous five years combined).

OLED is also an example of energy efficient lighting so is an important aspect of cleantech.

Patents play an important role in OLED development.  Universal Display Corporation, for example, recently announced it had acquired 74 OLED patents from Motorola.  LG bought Kodak OLED group including patents for $100M and $414M in royalties, per media reports.

Cintelliq has also reported explosive growth in OLED patenting since 2000.

Patent Office Invites Participation from Public with Clean Tech Developments

Posted by J. Steven Rutt on Posted in Patent

The Patent Office recently announced a clean tech event for which we encourage the public to participate in: 

The USPTO will host its first Clean Tech Partnership Meeting on April 27th from 1:00 pm to 5:00 pm at the Alexandria campus.  The meeting will serve as a forum for sharing ideas, experiences, and insights between individual users and the USPTO.  We value our customers and the feedback provided from individual participants is important in our efforts to continuously improve the quality of our products and services. Your willing participation in this informal process is helpful in providing us with new insights and perspectives.

The agenda is still being made final, but the tentative agenda is provided below:
 
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