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Category Archives: Cleantech

U.S. P.T.O. Still Accepting Green Tech Accelerated Examination Petitions, in Theory at Least

Posted in Cleantech; Patent; U.S. Patent Reform

Based on review of the US PTO webpage statistics today, the PTO should still be accepting green tech petitions for accelerated examination. The PTO had declared in December that they would stop the program upon granting of 3,500 petitions, or upon reaching the date, March 30, 2012, whichever occurs first. As of the statistics posted today, only 3,375 petitions have been granted. Hence, the program should still be open, in theory at least. However, caution: the statistics also show 335 petitions are being considered, so if a petition is filed now, it may not be reviewed in time.

When this program expires, patent applicants can still file for a track I accelerated examination.

Atomic Layer Deposition (ALD): Nanotechnology Commercialization Quietly in Action

Posted in Cleantech; Electronic Devices; Patent

One important nanotechnology is Atomic Layer Deposition (ALD). In ALD, one can build up molecular layers on surfaces at the angstrom and nanoscale levels. The technology traces back to the 1960′s and 1970′s. ALD has a variety of application areas including defense and cleantech (e.g., solar cells, batteries) as well as the semiconductor industry and medical devices.

This week, new patent litigation was announced involving ALD. Its interesting and important that the patent at issue, US Patent No. 6,812,157, is not categorized as a 977 nanotechnology patent (the plaintiff is Atomic Precision Systems and the defendants include Jusung Engineering, Micron Technology, Intel, and IBM.  More and more ALD patents and patent filings are emerging. For example, the nanotechnology 977 patent publication database shows a rapidly growing role for ALD. As of today, 106 of the 977 patent publications recite ALD or atomic layer deposition in the abstract or claim. Of these, most of them (76) were published in 2010-today, and 2011 showed more (40) compared to 2010 (30).

Nanotechnology does not get the buzz it used to. ALD, however, illustrates how quietly nanotechnology pushes the technology boundaries, decade after decade, and contributes commercially in a variety of diverse applications. ALD is now positioned as a leading nanomanufacturing method. At a recent nanotechnology conference, the ALD commercialization talk from Cambridge NanoTech was a highlight. Another company, ALD NanoSolutions, recently announced progress with defense applications.

President’s Proposed Budget Provides 4.1% Increase for NNI: Energy Way Up; Defense Way Down

Posted in Cleaning Up Hydraulic Fracturing; Cleantech; EPA; Licensing

We have been reviewing the President’s budget proposals announced yesterday, February 13, 2012 (fiscal year 2013 President’s Budget). In particular, we are looking at impact on nanotech and cleantech. Some highlights:

First, the NNI was given a 4.1% increase (NNI is National Nanotechnology Initiative). The total would rise to $1.8B.

Second, within the NNI heavy cuts are slated for defense, including  DOD (down 20%) and Homeland Security (down 14%).

Third, within the NNI, heavy increases are proposed for Energy (up 40%) and the EPA (up 12%).

Interesting that in the webinar provided explaining the rationale, a research program can be cut for failure for lack of good future prospects. Alternatively, however, a research program can be cut if it is commercially successful and transitioning to the private sector. Hence, the input from government is for those programs in the middle.

The webinar also featured the administration continues to assert that the federal government had a major impact over the past thirty years on shale gas developments.

Natural Gas, Cleantech, and 2012

Posted in Cleaning Up Hydraulic Fracturing; Cleantech; Patent

Secretary of Energy Steven Chu visited Pittsburgh today to review energy, natural gas, and innovation. In his remarks, he spoke of using shale natural gas as a balancing tool for wind and solar power. Chu also stressed the role of patents in innovation.

I noted discussion today at a Nanobusiness Commercialization Association meeting re role of nanotech in shale gas technology and its relationship to cleantech. So awareness of the connections are growing.

Interesting that the administration continues to push that the federal government’s shale gas research of the late 1970′s, in the Jimmy Carter era (and also Gerald Ford), has an important connection with 2012 events in deep shale drilling. Some recent blog activity noted this.

Possibly, or necessarily, shale gas and cleantech can and should arrive at a synergistic relationship. 

Of course, for those who know Pittsburgh, competing with Chu in Pittsburgh today for attention was the Steelers introducing their new offensive coordinator. There is always something new.

Domestic Inventing in Hydraulic Fracturing Arts

Posted in Cleaning Up Hydraulic Fracturing; Cleantech; Patent; Water

President Obama’s recent State of the Union address spoke of domestic oil and gas industry including shale gas (“American-made energy”). A leading but controversial technology for this industry is, of course, hydraulic fracturing. A brief review of the patent literature for 2012 confirms that inventors in this area for US patent filings are largely from the US. In a global economy, such domestic concentration for inventorship is somewhat unusual. The concentration of this innovation in the U.S. should be monitored.

As of today, in 2012, 38 patent publications refer to “hydraulic fracturing.” Of these, 27 (71%) list all U.S. inventors, and 32 (84%) list all U.S. inventors or list a majority of inventors as residing in the U.S.  Only 5 of the 38 (13%) list all non-U.S. inventors. The leading state for inventors is Texas.

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Nanoparticles in the Environment – EHS Now Part of Undergraduate Research

Posted in Cleantech; EPA; Nanotech Regulation; Water

Interesting example yesterday for how nanotechnology is presented to the public and forming part of our educational systems, including EHS aspects. We visited Virginia Tech for the day as part of my daughter’s evaluation of prospective colleges. Our interests included their engineering departments. In their visitor building, where the tours start, Virginia Tech includes presentation material for several nanotechnology-related issues the university is working on. One was for how nanoparticles can be transported in the environment over long distances. The lead professor is in Geosciences, and collaboration is present with civil and environmental engineering professors. Virginia Tech promotes a “hands-on, minds-on” approach to training its undergrads in engineering, and they indicate that undergraduate research will be part of the project.

Below has more information about the NSF grant on the subject:

Researchers from geosciences and civil and environmental engineering at Virginia Tech are part of a consortium of four principal universities and five other schools awarded a multimillion dollar grant to study nanotechnology and the environment. This is one of only two such consortiums funded by the National Science Foundation (NSF) to form a national Center for the Environmental Implications of Nanotechnology (CEIN). Total funding for the project is $14 million over five years with an opportunity to renew for another five years. Virginia Tech’s portion of the grant is $1.75 million.

Patent Reform Moving Ahead – Debates Continue, PTO Rules Emerging,… Price Outrage?

Posted in Cleantech; Patent; U.S. Patent Reform

Two items of note today:

1) The US PTO today finally issued its proposed rules to implement its novel procedure called supplemental examination.  Bad news; and maybe outrage to follow.  They will charge a PTO fee of $5,180.00 “for processing and treating a request for supplemental examination.”  They will also charge a whopping fee of $16,120.00 “for ex parte reexamination ordered as a result of a supplemental examination proceeding.” !

Even more, to file a request for reexamination will cost $17,750.00 in PTO fees.

The public has two months to comment (to express their outrage?).

2) Also, I participated in a panel at American University today on patent reform and post-grant review processes.  I tried to express the need, conveyed by clients, that the complexities of the patent system need to be held in check, particularly for small business innovators.  Now it also appears that costs also appear to be in need of holding in check in the new US PTO.  One can only guess the PTO fees for things like inter partes review or post-grant review.  Numbers like $40,000 were noted on rumor-like basis.

The humor was along the lines of one can buy a nice car with these fees!?

Innovation, Basic Research, Clean Energy – Obama’s State of the Union Vision

Posted in Cleantech; Patent

President Obama delivered his state of the union address tonight. He hit many points of interest to those of us monitoring the high tech ecosystems: innovation, start-ups, basic research, federally-financed labs, universities, clean energy, etc. etc.

Killing cancer cells but leave healthy ones, he said. Sounds like nanotech.

Lightweight vests for cops and soldiers that can stop any bullet, he said. Sounds like advanced materials and/or nanotech.

Curious it was to hear him say that public research dollars were used to develop the technologies to extract natural gas from shale rock. Really? Not sure about that one. We can research more but am dubious from patent literature surveys.

Finally, do not forget his high tech batteries – more nanotech.

Also, the OSTP webpage on the State of Union speech noted more about Dr. Hiroyuki Fujita’s achievements with high tech companies QED and eQED.

The patent system apparently was not stated – a disappointment. Patent system’s regulations in view of reform are increasing heavily these days, which is at odds with his concept to cut regulation. 

Nevertheless, the vision is a good one for cleantech and nanotech.  Time to make it happen; cut through it time. Vision not enough.

DOE Features Ames’ Lead-Free Solder Patent and License Income

Posted in Cleantech; Patent

The Department of Energy (DOE) recently featured lead-free solder innovation and licensing from the Ames National Laboratory and Iowa State University. Apparently, $39M of licensing income has been received to date, which makes it now the highest royalty producing patent(s) at Ames. The lead-free compositions are based on tin, silver, and copper mixtures (alloys). 

Preventing the introduction of lead into the environment is an important, classic example of cleantech. I can remember in the 1990′s working on patent technologies for lead-free bullets and lead-free paint. A brief search of granted U.S. patents shows 577 granted patents have “lead-free” in the claim and, even more, 838 granted patents have “lead-free” in the claims. Lead-free technology is a leading example of how environmental concerns can drive innovation. For example, some of the lead-free solders apparently have advantages over the lead-containing solders. Some additional, commercally important lessons from this cleantech story:

  • government regulation, particularly in the European Union in 2006, apparently was a leading factor in increasing the license income;
  • time – roughly a decade – was needed before the licensing income started increasing and maturing;
  • the inventions apparently flowed from basic research efforts;
  • U.S. patents with Ames inventor Iver Anderson related to this technology include US Patent Nos. 5,527,628 and 6,231,691. These patents used the important claim strategy for materials technology, use of “consisting essentially of”;
  • several recent 977 nanotech patent publications show nanoparticle aspects of the technology (see, for example, US Patent Publication 2010/0031848 to Samsung);
  • even though foreign filing apparently was not carried out, licensed from companies outside the U.S. apparently were forthcoming

Cleantech Energy Patent Landscape Report Released

Posted in Cleantech; Invest; Licensing

Foley’s annual Cleantech Energy Patent Landscape Report provides an analysis of the top clean energy technologies patented in the United States to aid industry executives, start-ups, individual inventors, and investors in identifying trends and market opportunities in this continually changing landscape.

View the executive summary: 

2011 Cleantech Energy Patent Landscape Report Executive Summary 

The Report highlights key findings from a review of more than 1,100 granted U.S. patents specific to clean energy production, efficiency, and conservation technologies within eleven focal categories: solar, wind, hydro, geothermal, biomass, nuclear, hybrid vehicles, fuel cells for vehicles, utility metering, smart grid technologies, and CO2 storage or sequestration. To help participants in this space discern realistic opportunities for sustaining competitive edge and revenue generation, the analysis offers insight on:

  • Regional cleantech activity
  • Year-to-year trend perspective
  • Specific technologies for which patent protection is being granted and who is obtaining those patents 
  • Focal points for venture capital investments 
  • Areas of patentable white space 
  • Potential licensing availability for corporate entities

For more information or a copy of the full annual report, please contact your local Foley attorney or contact me directly at jlazarus@foley.com.

Diamond, One Important Arrow in the 2012 Advanced Materials Arsenal, Patent Efforts Increasing

Posted in Cleantech; Nano Biotechnology; Patent; Water

One subject to watch in 2012 is diamond. Synthetic diamond is one important arrow in the arsenal of advanced materials and is an essential part of the carbon based nanomaterials scene including familiar materials in the press such as fullerenes, carbon nanotubes, and graphene. Synthetic diamond films and powders, however, are also an important part of nanotechnology 2012, as it can have grain sizes at the nanoscale. Indeed, class 977 nanotech patent efforts on diamond seems to be increasing. In 2011, a record number of class 977 patent applications – 28 – included diamond in the title or abstract. In 2010, that number was only 18 and the year before was only 11. Some important diamond applications lead to energy savings and better electrodes, so it is also an important material for energy and cleantech. Biosensor applications also exist.

An excellent historical treatment of the development of synthetic diamond technology is Robert M. Hazen’s book, The Diamond Makers, 1999. A major player in the field was General Electric, which continues to this day to be a leading force in advanced materials, nanotech, and cleantech.

In the conception of manufacturing at an atomic, molecular, or nanoscale, inventors and futurists have always thought of building the perfect material: diamond.

GE and Wind Turbine Patenting: A Fortress Emerging as a Real Cleantech Story of the Year?

Posted in Cleantech; Patent

I was pleasantly surprised to see that the Department of Energy web page today featured use of wind power in my hometown area, Lancaster County Pennsylvania. Two new wind power units were installed in early 2011. Built by GE.  They can be observed when driving into the county, crossing the river. Subject of discussion over Thanksgiving dinner.

That led me to think about wind power in Pennsylvania more generally. After all, we regularly see the wind turbines off the PA turnpike in Somerset, PA. An ounce of research indicated, again, built by GE. First installed October 2001. 

Then, thinking more, I recalled the US PTO announcement this past fall about GE’s extensive use of the greentech accelerated examination program. GE was awarded the 500th patent in the program for – you guessed it – wind power technology. See my October 17, 2011 post. GE had at that time 116 greentech patents.

In 2011, a brief patent search showed 210 patents have issued assigned to GE on the cover that refer to wind turbines! That is a lot. Putting that in context is the fact that last year, 2010, saw only 85 such GE patents, and the year before, 2009, saw only 41 such GE patents (2008 was 52; 2007 was 30; and 2006 was only 21). That is also called “building a patent fortress.”

Much hot, bitter, and salty press in 2011 about cleantech companies flailing and failing like Solyndra. Perhaps that is not the real cleantech story of the year.

PTO to Terminate its Successful Greentech Patent Program in Favor of Track I (Curiously)

Posted in Cleantech; Patent

Some curious end-of-year activity for one government agency: the US PTO announced on December 15, 2011 through the Federal Register that it will extend – but also terminate – the Greentech accelerated examination program. The program was set to expire at the end of December but it will be extended to March 30, 2012. If, however,  they accord 3,500 greentech applications a special status before then, the program will terminate at number 3,500. Currently, the PTO web page statistics show the count is at 2,913. They may or may not hit 3,500. The program previously was supposed to hit 3,000 – but not there yet.

So, this is it !? Irony: the program is being terminated in view of its “success,” according to the PTO. Well, if a program is successful, why terminate….(well, never mind!). Heavy budget ax times may be ahead.

The alternative, according to the PTO, is the new Track I program. While this strategic insight from the US PTO is appreciated, the PTO neglects to warn users about the hefty fee the Track I program costs.

The new patent reform statute also has provisions for priority technologies – time will tell how that is used and if greentech will be a player.

Nanotechnology in the Popular Press: Another Excellent, Recent Example from The Economist

Posted in Cleantech; Nano Biotechnology; Patent

Nanotechnology has made it again into some mainstream press. The December 3, 2011 edition of The Economist has a 28 page Technology Quarterly which is a must-read for those that follow nanotech. Nanotechnology’s role in commercialization efforts is noted in several of the articles – good to see!

First, there is “Getting Past the Guards,” an article on the health side of nanotech regarding delivering pharmaceutical drugs past the body’s natural defenses (pages 18-19 in the paper edition). One such defense is the blood-brain barrier. Another is the small size of blood capillaries. Anticancer drugs can clump too much and cause blocking in the small capillary. Recent research is reported, however, where drug particles are converted to nanoparticles with a combination of sound waves and use of polymers to form shells. Certainly, cancer treatment is one blockbuster application of nanotech which should be stressed to government officials in charge of government funding and commercialization policy. An article is also attached on delivery of drugs across the blood-brain barrier using nanotechnology.

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Thanksgiving Day’s Bumper Crop of Nanotech 977 Patent Publications

Posted in Cleantech; Patent

While Thanksgiving this year was a holiday for most of us, filled with visiting relatives, turkey, and football, the US PTO quietly published a bumper crop of nanotech 977 patent applications on Thanksgiving Day – 62 to be precise! Some of my “favorites” include those with applications in cleantech and bionanotech. In addition, the intersection of polymer science and nanotechnology is clearly evident and commercially significant in the nanotech patent literature. Polymeric nanoparticles are an important type of nanoparticle, supplementing inorganic nanoparticle systems like quantum dots.
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NNI has Two News Postings in October – More Needed

Posted in Cleantech

It was good to see the NNI webpage www.nano.gov post two news releases in October. This was the first month that two were posted in one month. To date, six have been posted in 2011. More are needed.

Nanotechnology is critical to many areas of technology development including energy, medicine, life sciences, advanced materials, catalysis, sensors, and the like. Hopefully, more NNI news will be posted.

A review of other webpages such as the OSTP webpage, the Department of Energy webpage, and the general NanoWerk webpage confirm there is much to write about on nanotech and government-related research and commercialization.

US Government Asserts Rights in Solar Patents under Bayh-Dole Act

Posted in Cleantech

Investors need to be aware of the Bayh-Dole Act and the risks and requirements that the Act presents. This is true whether investors are U.S.-based or based outside the U.S.

Reports are emerging, for example, that the Department of Energy is taking title to several solar patents previously owned by Evergreen Solar, which filed for bankruptcy earlier this year. An October 7, 2011 letter from the DOE to Evergreen has been reported on web in which the government asserts its rights. One report indicated that an auction of assets, including patent assets, was to be held November 1, 2011. Another bankrupt solar company, Solyndra, apparently is also holding an auction for sale of assets. Concern particularly is present about whether the patents, technology, jobs, and other benefits will be moved to China.

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What Will the US PTO Do with Its Greentech Patent Program?

Posted in Cleantech; Patent

The US PTO is running its greentech accelerated examination program through December 31, 2011, or until 3,000 grantable petitions are reached. The grantable petition number now stands at 2,518 based on current PTO statistics. The PTO also recently announced that it has granted 552 greentech patents, and that at least 116 of these went to General Electric. Indeed, GE obtained patent #500.

The US PTO currently is heavily involved in implementing regulations for patent reform legislation enacted September 16, 2011. What will it do with its greentech program, and how will it find the time to decide? Many would like to know more details about how this program has progressed and who has benefited.

Staying Awake on Best Mode as Patent Reform Steams Ahead to Enactment

Posted in Cleantech; U.S. Patent Reform

One of the central aspects of the recently passed patent reform in Congress is the elimination of the best mode defense by amendment to 35 USC Section 282.  However, Congress did not in parallel eliminate the best mode from the requirements of 35 USC Section 112.  In other words, the US PTO is still supposed to grant patents which satisfy the best mode requirement, but if that does not happen, this violation is not a defense in litigation.  In past practice, the US PTO has not sought to evaluate best mode as part of examination.

Best I can tell, the odd legislation as passed represents two competing goals:  (1) Congress likes a high-quality disclosure of the invention (hence, it did not amend section 112) ; (2) Congress does not want abusive litigation tactics based on best mode (hence, it amended section 282). 

Note: the amendment to Section 282 also appears to remove best mode as a basis for an inequitable conduct defense.  Also, best mode cannot be used as a basis for a post-grant opposition.

Quite possibly, the US PTO will provide further guidance on how it will treat best mode and what it expects from applicants in this new legal era.  Also, some countries (e.g., Australia) may still require a best mode disclosure.  One can check with an expert in each country.  If one eliminates the best mode, one might eliminate something essential, which could impact enablement.  In some cases, disclosure of the best mode might provide useful support for a non-obviousness position. 

Hence, patent applicants need to stay awake.  In particular, those working in the chemical, nanotech, and cleantech arts frequently encountered best mode issues.  For example, a chemical patent was found by the Federal Circuit earlier this year to have been in violation of the best mode.  However, one suspects that the US PTO will have its hands so full dealing with the new law that it will not have time to deal effectively with best mode issues.

Finally, the new best mode law is effective on the date of enactment and shall apply to proceedings commenced on or after that date.  News reports and rumors have the President signing the legislation this Friday, September 16, 2011.

 

Patent Reform to Impact Cleantech/Nanotech: Historic Vote Today

Posted in Cleantech; U.S. Patent Reform

The Senate – finally – will vote on patent reform today at 4 p.m.  President Obama – finally – will sign the legislation soon after.  The President’s speech on jobs is set for this evening, and patent reform may be mentioned in the speech.  However, no one quite knows with certainty what the impact will be on the current unemployment rate.

Amendments to the bill were discussed yesterday, but it appears likely amendments will not impact the final bill.

Some media reports are concluding that the bill favors larger companies over start-up companies.

Cleantech and nanotech companies need to immediately understand the impact of this reform on their strategy.  Perhaps the only certainty is that companies, universities, federal labs, and other entities, that do not understand the patent reform will be at a disadvantage compared to those that do.

 

Patent Reform: Cleantech and Nanotech View of the Scene

Posted in Cleantech; Patent; U.S. Patent Reform

Current wisdom noted by some if not many pundits (and/or lawyers) is that patent reform could be passed as early as September.  One rationale for the September push is job creation.  Certainly, patent lawyers will be kept busy based on the complexities of the issues at hand.  Patent applicants and the whole innovation ecosystem will have to react quickly when final legislation passes

Over a half dozen categories of reform are dealt with based on current legislations passed by the House and the Senate earlier in 2011.  These categories range from PTO fee issues to litigation defenses; from first-to-file system to post-grant opposition of patents.  Special interest pecularities are sprinkled in as well.  One possible outcome is that final legislation will mirror the current House version.

How will this legal revolution impact cleantech and nanotech?  The lobbying debates over this legislation, which stretch back for years, has not focused on cleantech or nanotech.  The general debate has been between pharma and "tech" companies.  While cleantech and nanotech covers a broad swath of commercial entities, in general, cleantech and nanotech likely falls closer to the pharma side.  Many technologies in cleantech and nanotech will take a decade or more to reach market fruition, much like pharma.  A strong patent system is needed to encourage investment.  Like any innovation community, cleantech and nanotech companies will need to file strong patent applications from the start to benefit fully from the patent system.

Our June 27, 2011 blog noted section 25 which would allow for priority examination of cases related to technologies of national economic importance.  Cleantech would certainly fall into that category, at least under the Obama administration.  However, the US PTO already has an accelerated examination system for cleantech.  At last count, as of August 11, the US PTO had granted 435 greentech patents (resulting from accelerated examination) and granted 2,250 accelerated examination petitions.

The forces leading to a possible September resolution are perhaps now set after years of lobbying and compromising.  Nevertheless, the PTO is taking your comments as it will need to pass rules to adapt to the new law.   Cleantech and nanotech will watch and respond quickly to the new law, if and when enacted.  The new Congressional budget cutting "Super Committee" may also influence spending aspects of the changes including PTO fee diversion.

Whatever the legal wrangles, its time for America to invent more, faster, and better.  Hopefully, the law will encourage that outcome.  Hopefully, it will not just be a "legal employment act."  We will plan to monitor patent reform and be ready to discuss it as needed at our panel at the 10th Annual NanoBusiness/Nanomanufacturing Summit, to be held in Boston September 25-27.

The New Materials Genome Initiative … and Captain Kirk

Posted in Cleantech; General

It has now been about seven weeks since the Materials Genome Initiative (MGI) was announced by the Obama Administration.  Not too much public activity appears to have happened over these seven weeks (the University Materials Council, not surprisingly, endorsed the MGI in a July 27, 2011 letter).  We noted the MGI in our June 25, 2011 blog, and will attempt to follow MGI developments particularly as applied to nanotech and cleantech.  The Obama administration is apparently seeking $100M for FY 2012 funding and will begin "roadmap" work to develop the ideas more.

The MGI is summarized in an 18 page "white paper," and relates to …

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Develop “Green” Drilling and Fracturing Fluids, Says DOE

Posted in Cleantech

The DOE, via a Shale Gas Advisory Subcommittee, issued a 41 page report on August 11, 2011.  Among the various important findings, we noted near the end the R&D finding at pages 30-33.  The Report noted, for example:

- an additional area of focus should be "development of "green" drilling and fracturing fluids."

- multiple-well pad drilling is one significant advance. 

- areas where government can and should contribute such as environmental and safety studies and longer term R&D (e.g., research on methane hydrates). 

Media provides further analysis of the Report’s key findingsThe DOE also reviews the report.

Monitoring patent literature will be an important effort to monitor shale gas innovation.  Also on August 11, the US PTO published a dozen hydraulic fracturing patent applications.  This included a series of five Haliburton Energy Services, Inc. patent publications relating to use of small tech MEMS sensors.  Our growing data base of shale gas U.S. patents for 2011 alone now numbers 131 through August 2, 2011.

Aerogel Commercialization and Patenting Moving Forward

Posted in Cleantech

Aerogel patenting is holding steady. For example, since 2004, 78-110 US patent publications consistently emerge each year which cite “aerogel” in the claims or abstract.  2011 is holding steady with a projected number at 94. Aerogels are a unique nanomaterial, known for their lightweight and insulation properties. Some of their history can be found on the web. Important markets can be found in the cleantech space. Surprisingly, only 29 of all of the aerogel patent publications were deemed to fall within the 977 nanotech classification.

Aspen Aerogel recently filed for an IPO. In addition, Cabot continues to sell aerogel materials.