Addressing the Green Patent Global Deadlock Through Bayh-Dole Reform

12 Pages Posted: 9 Dec 2009 Last revised: 13 Jun 2014

Date Written: December 2, 2009


The U.S. government is investing in basic green energy research to address global climate change, but the current practices for patenting and licensing these new technologies will likely impede their dissemination, both within the United States and throughout the world. The refusal of the United States to negotiate over IP thus harms its own economic interests in addition to contributing to the climate change treaty deadlock. By changing licensing practices for these inventions, the United States could help satisfy its global critics while still maintaining strong IP laws to encourage private-sector innovation.

Keywords: climate change, bayh-dole, green patent, green energy, department of energy, national science foundation

JEL Classification: O3, K32, K33, Q2

Suggested Citation

Ouellette, Lisa Larrimore, Addressing the Green Patent Global Deadlock Through Bayh-Dole Reform (December 2, 2009). Yale Law Journal, Vol. 119, p. 1727, May 2010, Available at SSRN:

Lisa Larrimore Ouellette (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305
United States


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