In December, world leaders are meeting in Copenhagen to agree a strategy to reduce carbon emissions and combat climate change. The success of any strategy will ultimately depend upon the development and dissemination of clean technology throughout the world. As a result, world leaders are coming under intense pressure to relax patent protection to facilitate the transfer of clean technology to the developing world. However, it is questionable whether such a move would really promote the use of clean technology.

As an article this month in the New Scientist highlights, clean tech can help with innovations from virtually waterless washing machines and biofuel made from pond scum to offshore wind turbines. The patent system is designed to stimulate such innovation. To begin with it is difficult to get a patent. It must be shown that the technology is novel – not obvious from existing technology – and that it is capable of industrial application. Further, patent protection is finite, the maximum length is 20 years, with the invention being revealed to the public from the outset. This disclosure contributes to the dissemination of the underlying technology and know how that otherwise would be kept confidential.

Venture capital-backed start-ups provide for the majority of research and development (R&D) funding in the clean tech sector. Private companies need to recoup losses incurred during the R&D phase of development and the patent system gives them a way of doing this. Without patent protection, competitors would simply copy the underlying technology without having to invest in their own R&D, giving them a competitive advantage. Furthermore, start-ups will struggle to bring inventions to market without a strong intellectual property system refereeing the inevitable licensing agreements.