23 April 2024

Patents In The Field Of Green Technologies

Leão Advogados Associados


Leão Advogados Associados
Due to rapid industrialization and the consequent exacerbated use of fossil fuels, which are most responsible for global warming...
Brazil Intellectual Property
To print this article, all you need is to be registered or login on

Due to rapid industrialization and the consequent exacerbated use of fossil fuels, which are most responsible for global warming, it is estimated that the global average temperature has increased by more than 0.2 °C per decade, intensifying and accelerating climate change1. The Paris Agreement, approved in more than 195 countries, aims to reduce greenhouse gas emissions to keep the increase in the global average temperature at less than 2 °C above pre-industrial levels.2.

In line with the importance of sustainable development and the emergence of the 3R concept (Reduce, Reuse and Recycle), the industry has been progressively adopting green products and processes. Investment in the area of alternative energy is a reality in Brazil, illustrated, for example, by the arrival on the market in 2022 of Diesel R, developed by Petrobras3.

All this innovation is reflected in the patent system. Patent documents carry a vast database with technical information about the most varied technologies, including inventions with a sustainable nature that can help solve environmental problems. In this scenario, offices from different countries and global organizations such as the World Intellectual Property Organization (WIPO) began to propose projects that encourage and publicize these inventions. The "WIPO GREEN" programs stand out4, prepared by WIPO and the Green Patents program of the National Institute of Industrial Property (INPI)5.

On February 7, 2024, WIPO released its "WIPO GREEN Annual Report"6 2023, which highlights the activities carried out and the successes achieved by the WIPO GREEN program. This program, which operates through several projects and the online platform called "WIPO GREEN", celebrated its tenth year of existence in 2023. Through said platform, information is shared about approximately 130,000 green technologies on a global scale, which are characterized by its sustainable and synergistic purposes with the environment, primarily aim to facilitate the dissemination of knowledge and the transfer of these technologies between various relevant actors. Sharing promotes direct contact between technology inventors and potential interested parties, thus fostering innovation and the development of sustainable solutions on a global scale. Since its inauguration in 2013, the WIPO GREEN platform has been widely recognized as one of the most significant contributions ever made to the dissemination of green technologies on a global scale.

Among the contents presented in the 2023 WIPO report, a detailed analysis is made of the historical milestones achieved and the results obtained over the 10 years of operation of the platform. Of particular note are the acceleration projects that have been conducted annually since 2015 on different continents, with the aim of providing sustainable solutions for areas facing environmental urgency. One example was the acceleration project carried out in Latin America in 2023, which focused on implementing climate-smart agriculture technologies.

In the year 2023, WIPO took advantage of the vast information stored on its platform to launch the second edition of its book titled "Green Technology Book"7. In this edition, with a strong focus on mitigating climate change, more than 200 technological solutions were presented carefully selected for their relevance and sustainable impact.

In order to implement this vision for sustainable development in Brazil, INPI inaugurated its Green Patents pilot program in 20128, initiating the possibility of accelerating the examination of patent applications related to the area of green technology, upon request for priority examination. With the success of the pilot program, in 2016 INPI issued INPI Resolution No. 175/2016 establishing it as a permanent service within the institute. The resolution applies to inventions that fall into the following strategic categories of green technologies: (1) Alternative energies; (2) Transport; (3) Energy conservation; (4) Waste management, Sustainable agriculture (5).

In 2020, the program was updated through INPI/PR Ordinance No. 247, expanding the "priority exam" to "priority procedure", now covering the anticipation of not only exams, but all activities of the patent process. For green technologies, since the date that INPI/PR Ordinance No. 247 came into force, the average time between the request for priority processing and a decision being issued by INPI has reduced to around 10 to 11 months9, compared to an average of 3 years for requests without priority processing.

Therefore, it is possible to infer that the policy of promoting innovation in the area of green technologies plays a crucial role in helping to mitigate the climate effects resulting from industrialization. This is due to the fact that green technology patents stimulate investment and the dissemination of sustainable innovations, contributing to the search for solutions to ongoing environmental challenges. Therefore, the importance of green patent incentive programs stands out, which simplify the patent granting process and accelerate the dissemination and availability of these essential technologies for progress towards environmental sustainability. This strategy not only meets human needs, but also benefits the industrial sector itself, since investments in green technologies can result in optimized processes, such as resource or energy savings, as well as more competitive products on the market.









8. Resolução INPI Nº 283/2012

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More