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ARTICLE · 23 OCTOBER 2018

The patent bargain for clean technologies – altering the deal

Discussion about the tension between the public benefit of cleantech and the right of a patentee to exclude others.

AustraliaIntellectual Property

It is generally accepted that climate change cannot be redressed by means of existing technologies. "Cleantech" – technologies that may lessen, nullify or even reverse the environmental impact of an existing product or process is thereby a buzzword in many aspects of society – including patent law. However, what happens when a patented cleantech invention is of such outstanding public benefit that the patentee's right to exclude others is arguably contrary to the interests of society? In such circumstances, the patent bargain does not fit well with the advancement of the species and gives rise to a real tension between the two.

Cleantech101 and IP101

Environmental consciousness – especially as it pertains to climate change is increasing exponentially throughout the world. Moreover, it is generally accepted that pollution cannot be stabilised with existing technologies.1 "Cleantech"2 – technologies that may lessen, nullify or even reverse the environmental impact

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