Marshall Gerstein Partner and patent attorney Ryan Schermerhorn was interviewed by Managing IP for a story about the growing emphasis by U.S. law firms in serving the cleantech sector. Ryan, who oversees the firm's Cleantech & Renewables industry group, shared his insights on what makes this sector exciting. "When we look at growth areas, obviously, artificial intelligence is a huge one," Ryan told the publication in an interview. "But there are some other ones that are important too. Cleantech is absolutely in that second tier of areas that people are interested in.
Ryan notes that many recent filings are focused on solar and nuclear. "The way our firm is set up allows us to effectively get work in the cleantech space because we have diverse backgrounds," he added. For example, if a cleantech client needed both mechanical and chemical expertise, he could represent them on the first issue and bring in a colleague who could advise on chemical matters.
Despite recent challenges to the cleantech sector, including the suspension of the USPTO's Climate Change Mitigation Pilot Program, Ryan notes that cleantech companies can still take advantage of other mechanisms for faster examination available to all applicants.
He adds that many cleantech innovations come from startups and smaller companies. "That poses a challenge, not so much in obtaining a patent but in terms of making sure they're doing the things they need to do to get a patent down the road." For example, individuals at these businesses may be inclined to disclose their ideas before they're protected. He reminds them to be selective about who they give information to and to have confidentiality agreements in place. "Ideally, you have a patent application filed to cover your invention before you start talking. But that's not always the case. These companies are moving so fast, and they're excited about their ideas."
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