Patenting Free Energy: The Blacklight Litigation and the Hydrogen Economy

Journal of Intellectual Property Law and Practice, Vol. 6, 374-380, 2011.

Posted: 21 Mar 2011 Last revised: 18 Jul 2014

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: March 15, 2011

Abstract

Legal Context. In the wake of the Copenhagen Accord 2009 and the Cancun Agreements 2010, a number of patent offices have introduced fast-track mechanisms to encourage patent applications in relation to clean technologies – such as those pertaining to hydrogen. However, patent offices will be under increasing pressure to ensure that the granted patents satisfy the requisite patent thresholds, as well as to identify and reject cases of fraud, hoaxes, scams, and swindles.

Key Points. This article examines the BlackLight litigation in the United States, the United Kingdom, and the European Patent Office, and considers how patent offices and courts deal with patent applications in respect of clean energy and perpetual motion machines.

Practical Significance. The capacity of patent offices to grant sound and reliable patents is critical to the credibility of the patent system, particularly in the context of the current focus upon promoting clean technologies.

Suggested Citation

Rimmer, Matthew, Patenting Free Energy: The Blacklight Litigation and the Hydrogen Economy (March 15, 2011). Journal of Intellectual Property Law and Practice, Vol. 6, 374-380, 2011.. Available at SSRN: https://ssrn.com/abstract=1787704

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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