Patents and climate change mitigation technologies - evidence to support policy

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1 ICTSD Patents and climate change mitigation technologies - evidence to support policy Ged Owens, Coordinator, Public Policy Issues European Patent Office, Munich Bonn, 11 June 2014

2 Climate Change Mitigation Technologies Climate Change Mitigation Technologies (CCMTs): Human intervention to reduce the sources or enhance the sinks of greenhouse gases (UN definition). Enormous political and social interest for these technologies UNFCCC United Nations Framework Convention on Climate Change IGOs, NGOs, private enterprises... Private sector, venture capitalists, governments. Patent rights a barrier to technology transfer... Project by: United Nations Environment Programme (UNEP) European Patent Office (EPO) International Centre for Trade and Sustainable Development (ICTSD)

3 The patent deal Many people think that's all! This is what patent information is about! Temporary exclusive right in return for disclosure Search Examination Grant Publication Searchability Legal status

4 Special classification of patents for Climate Change Mitigation Technologies "Y02" tagging scheme is complementary to the existing classifications. Includes around 1000 classification entries and around documents. It provides easy access to the general public on patenting in climate change mitigation technologies Y02C: Greenhouse gases capture or storage/sequestration or disposal Y02E: Greenhouse gases emissions reduction technologies related to energy generation, transmission or distribution Y02B: Buildings - Climate change mitigation technologies in buildings, including the residential sector Y02T: Transport - Climate change mitigation technologies in the transportation of goods and persons Y04S: Smart Grids technologies - Remote network operation, smart metering, electric and hybrid vehicles interoperability, trading and marketing

5 EPO Worldwide Patent Statistical Database (PATSTAT) with - EPO Worldwide legal status data - EPO Register data Which countries? Origin Families Classes EPO-Register Is patent valid? Status at EPO Worldwide Legal status Priorities Application Applicants Citations Publications Inventors

6 Landscaping example: The Kyoto effect - CET patent numbers rising at 20%/year since 1997 Figures refer to claimed priorities.

7 Source: OECD Patenting trends: example solar photo voltaic technologies Patenting between source country ( inventor country ) and countries in which IP protection is sought.

8 Source: OECD Co-inventions: example solar photo voltaic technologies The map shows the frequency of co-operation between inventors from different countries in the development of patented technologies.

9 Licensing survey of CCMT patent owners - conditions for licensing or cooperation with DCs 'When your organization is making a decision whether or not to enter into a licensing or cooperative development agreement with a party in a developing country, to what extent would the following factors positively affect your assessment?' 50% 45% 40% Not a factor A basic precondition Significantly attractive condition Compelling reason 37% 37% 44% 42% 35% 30% 25% 28% 29% 25% 26% 27% 20% 15% 18% 13% 16% 15% 13% 14% 16% 10% 5% 0% Protection of intellectual property rights Scientific capabilities, infrastructure and human capital Favourable market conditions Favourable investment climate

10 Current status of patents and CCMTs EPO/UNEP/ICTSD patent landscaping studies : CCMT patents primarily from OECD countries (JP, USA, DE, KR, FR, GB) On average filed in 2 countries only Less than 1% of CCMT patent filings in Africa (including S. Africa) Less than 3% of CCMT patent filings in Latin America (including Brazil) Patent information services 2 million documents disclosing climate change mitigation technologies available free-of-charge via Internet Conclusions Patent rights are generally not a deterring factor to transfer technology to developing countries Patent information makes technical knowledge available worldwide If patent rights exist, consider on a case-by-case basis (purchase / licensing) Technology transfer of CCMT to DCs depends on many factors (awareness of and access to patent information services, investments, etc.)

11 THANK YOU FOR YOUR ATTENTION Espacenet for Patent Information: Ged Owens, Coordinator, Public Policy Issues

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