Potential and Limits of Patent Law to Address Climate Change

Abstract

The challenges imposed by climate change urgently require new technologies to reduce environmental damage and make more efficient use of natural resources. Patent law is generally considered an important tool to promote innovation. The question therefore arises as to its role with regard to sustainable inventions, in particular whether there is a need for adjustments to increase its efficiency, but also concerning the interaction with other regulatory measures. This article offers a critical overview of the range of options for state intervention and distinguishes different types of market failure that need to be prevented in different ways.

Keywords: patent law, climate change, market failure, fast-track, compulsory licenses, patent pools, sustainability, technological neutrality, technology transfer