Alternative Energy/Overview of Economics of Intellectual Property in AE
Overview of Economics of Intellectual Property
Data on enclosure: Patenting activity and increase over time
Image: Clean Energy Spacial Patent Distribution
"As a further indicator of innovation in the sector, the number of U.S. patents granted for clean technology breakthroughs has increased about twenty percent over the past five years, from fewer than 750 in 2002 to around nine-hundred in 2007." (Ward et al, 2008) Also see: Clean Energy Patent Growth Index
The CEPGI (shown below annually) tracks the granting of U.S. patents for the following sub-components: Solar, Wind, Hybrid/electric vehicles, Fuel Cells, Hydroelectric, Tidal/wave, Geothermal, Biomass/biofuels and other clean renewable energy.
Image: Clean Energy Patent Growth Index Chart
As depicted in the below breakdown of the CEPGI by its sub-components, patents in wind, fuel cells, hydroelectric, tidal and geothermal were up in 2008 over 2007 with hydroelectric and tidal patents being at all time highs.
Image: CEPGI Sub-Components Chart
"While the number of U.S. patent applications has steadily increased in recent years, the trend in the number of U.S. patents granted actually fell slightly from 2006-2007.6 This decrease in the number of patents granted may be a result of the U.S. Supreme Court’s ruling in KSR International, Co. v Teleflex, Inc.âarguably the most important patent ruling in yearsâwhich effectively raised the bar for inventors who wish to obtain patent protection for products that rely on new combinations of existing, publicly-known elements. Because alternative energy developments often incorporate older technologies, meaningful advances may be susceptible to being seen by the U.S. Patent and Trademark Office and the courts as merely “ordinary innovation” that “does no more than yield predictable results.” (pg 244) (Ward et al, 2008)