The development of green technology and its patent protection has gained momentum in recent years as society moves towards clean energy, designed to be 'eco-efficient' and guarantee good performance to reduce environmental impact.
In this sense, the energy sector is important due to its strong innovation development and energy diversity. While solar energy, captured by panels, is used to power agricultural equipment for water pumping and lighting, wind energy technology involves power generation based on wind conditions and quiet operation, suitable for human activity areas.
Electrical equipment used for power distribution has been modified to avoid the use of polluting elements, such as a tank that is evacuated rather than filled with sulfur hexafluoride (SF6), one of the greenhouse gases that cause global warming. When discontinued, the tank does not generate residual gas, reducing maintenance costs by eliminating internal inspection.
On the other hand, according to the European Patent Office, the increase in battery improvements and patent applications in 2022 has driven growth in electrical machinery, apparatus, and power engineering. This type of technology has experienced one of the fastest growth rates compared to other energy storage technologies, with numerous developments in lithium-ion battery technology and, more recently, inventions aimed at liquid metal batteries, an emerging technology due to its specificity in terms of anode and cathode, whose application is indicated for the storage of large amounts of renewable energy. This could help meet the challenges posed by the intermittent nature of wind and solar power, with longer life, higher energy density, greater stability, and faster charging speeds.
Other examples of green patents include innovations such as “biomass,” a biomaterial derived from living or recently living organisms, and bioenergy, a renewable form of energy produced from biomass, which has contributed to long-term environmental and economic sustainability, helping to mitigate the climate impact of fossil fuels.
An advantage of biomass production is using plant waste, wood, and microbes specifically for fuel. It is an important energy source that can be burned directly for heat or converted into renewable liquid and gaseous fuels through various processes such as gasification, pyrolysis, and hydrolysis, so the main biofuels obtained are biodiesel, biogas, bioethanol, and biobutanol.
It should be noted that bioenergy is mainly based on producing electricity by burning biomass in a boiler to produce high-pressure steam that feeds turbine blades. Another way of converting biomass into bioenergy is to decompose it using anaerobic bacteria, which produces methane and by-products, which are then purified and used to produce natural gas.
With the rapid growth of green technologies, intellectual property has a fundamental role to play in protecting them, so several patent offices around the world, such as the USPTO, EPO, JPO, KIPO, and others, have introduced accelerated procedures for the registration of "green patents,” which are granted for inventions that provide environmental benefits or contribute to sustainable development; such as technologies or processes that address ecological challenges, promote energy efficiency, reduce greenhouse gas emissions, conserve natural resources, or reduce pollution.
To obtain a green patent, the standard patentability criteria must be met (novelty, inventive step, and industrial applicability), and an environmental benefit or contribution to sustainable development should be demonstrated. The patent application must contain detailed descriptions and claims that clearly describe the ecological benefits and technical aspects of the invention since the main objective of green patents is to promote and protect innovations that contribute to a greener and more sustainable future, thus stimulating research, development, and investment in environmentally friendly technologies.
There is an opportunity for Mexico and the Mexican Institute of Industrial Property (IMPI) to join this green technology movement and create incentives that promote the creation and protection of green technology in our country, which supports the care of the environment and the vast biodiversity in Mexico.
