Patent Law and Green Technology: The role of patent law mechanisms in the development and diffusion of 'green technologies'

Patent law has been prevalent in climate change discussions, as a factor linking technology, Intellectual Property Rights (IPRs) and the climate crisis. The inventive step, its set threshold and the environmental benefits for the assessment of its current state, are one of the paths where patent law can act as a potential promoter of green technologies. This paper aims to asses how patent law can promote the development and diffusion of ”green” and ”climate-friendly” technology. More specifically, its viability with regards to enforcement, its short and long-term potential and effectiveness in achieving the aforementioned climate goals, compared to other patent law mechanisms (e.g., fast-tracking initiatives, compulsory licensing, utility patents, and open patent systems). The conclusion of this thesis rests on the notion that the best possible action plan to be adopted is the formation of a portfolio of strategies. Hence there is a need to consider various IPR mechanisms that assist in furthering the development and diffusion of green patent technologies. Furthermore, although the lowering of the inventive step threshold would require a very active and rigorous revision process from lawmakers, it should not be a factor that rejects the notion in its entirety. Additionally, systems identifying the concept of a “green technology will be of immense importance if the revision is to take place, in order for the patent criterion to not accelerate its already high level of uncertainty. Lastly, it is clear that in order to realise the full potential of patent law, it is necessary to move away from the "one-size-fits-all" approach with regards to IPR mechanisms and rather, adjust patent law to the current environment.