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