1. 1 Strategies for Protecting Clean and Sustainable Technologies Dr Justin Blows Patent Attorney, Griffith Hack

2. 2 GRIFFITH HACK chemical, physical and biological carbon capture and storage carbon credits and trading hydroelectric and tidal power vehicle energy storage energy efficient structures solar thermal & photovoltaic wind biofuel thermal recycling recycling tyres natural ventilation energy harvesting co- and tri- generation pyrolysis of organics carbon neutral industrial processes integrated farming environmentally friendly solvents effluent treatment environmental impact monitoring

3. 3 THE BIG PICTURE Debate about climate change moved to how do we respond 2007 Australian per capita emissions: 28t CO 2 equivalent 2050 target: 2t CO 2 equivalent? Concern about energy security

4. 4 GOVERNMENT POLICY RESPONSE Use Markets and Free Enterprise –Cap & Trade scheme –Enterprises must reduce emissions to remain competitive –Incentive to licence and develop climate change mitigation technology

5. 5 PATENTS PROMOTE NEW TECHNOLOGY Free enterprise is charged to develop climate change mitigation technology not government Patents allow return on investment Patents facilitate licensing and diffusion of technologies Governments should strengthen or maintain patent rights for climate change mitigation technology

6. 6 WHY YOU SHOULD PATENT A patent provides exclusive rights Patentees get a seat at the negotiating table Patentees can extract concessions from competitors License or sell patents for profit Investors want patents

7. 7 DON’T BE LOCKED OUT Increasing number of patent filings Don’t be left to play catch up Danger of being locked out of your market by competitors’ patents File defensive patents Negotiate your way out of trouble using your patent

8. 8 FILE PATENTS IN DEVELOPING NATIONS Developing nations will become the biggest polluters Biggest & most economic reductions in developing world Expect strong incentives to bring clean technologies to developing nations Clean development mechanism Future international carbon trading Clean and sustainable technology markets shifting to developing world

9. 9 CLAIM CARBON CREDITS Generating clean power may generate carbon offsets Your technology becomes more valuable if you also protect the credits generated Consider patent claims for measuring / calculating amount of CO 2 emitted or not, or sequested.

10. 10 WATCH OUT Regularly search for your competitors patents Periodically search the patent landscape to identify landmines and opportunities Before starting projects check you will not infringe the patents of others Check if others have patented before you

11. 11 PROJECTING YOUR CREDENTIALS Project & protect your clean and sustainable credentials –Trademarks –Domain names Get in quick - don’t be locked out Take care! –‘carbon neutral’ –‘carbon offset’ –‘carbon footprint’

12. 12 CONCLUSION Clean and sustainable IP strategy: –Filing patents to protect your investment –Using patents for leverage & extract concessions –Claiming carbon credits in patent applications –Patenting in the developing world –Filing defensive patents –Licensing or selling patents for revenue –Knowing what patents are out there –Filing trademarks