Why patents matter for green inventions

A patent is, at its core, a bargain between an inventor and the state. The inventor discloses the details of their invention to the public, and in return the state grants them the exclusive right to exploit that invention commercially for up to 20 years. During that period, no one else can make, use, sell, or import the patented invention without the patent owner’s permission. For a green technology SME competing in a market where larger players have significantly greater resources, that exclusivity can be transformative.

Patents do more than just exclude competitors. They signal credibility to investors, partners, and customers. A company that holds patents in its core technology area is demonstrably committed to innovation, and that commitment has tangible commercial value in fundraising conversations, in licensing negotiations, and in the eyes of procurement decision-makers in both the private and public sectors. In the green technology space, where government contracts and public sector partnerships are often significant sources of revenue, a strong patent portfolio can open doors that would otherwise remain closed.

What kinds of green inventions are patentable?

The range of green innovations that qualify for patent protection is broad. In Malaysia, a patent may be granted for any invention that is new, involves an inventive step, and is industrially applicable. Green technology innovations that commonly meet these criteria include new methods of generating energy from renewable sources such as solar, wind, or biomass; novel materials or processes for energy storage, including battery technology and hydrogen fuel cells; water purification and treatment technologies; waste processing and recycling innovations; sustainable agriculture and aquaculture methods; building technologies that reduce energy consumption; and carbon capture and sequestration processes.

What is important to understand is that patentability is assessed on the merits of the specific invention, not on the general category of technology. A solar panel, as a category, is not patentable because it is not new. A novel configuration of photovoltaic cells that achieves a meaningfully higher conversion efficiency than existing designs may well be patentable, because the specific innovation is new and involves an inventive step. The distinction matters enormously in practice, and getting a proper assessment of patentability from a qualified patent agent before investing in a full application is always time well spent.

MyIPO’s Green Technology Fast Track: a genuine advantage

One of the most practically useful developments for Malaysian green technology innovators in recent years has been the introduction of MyIPO’s Green Technology Fast Track Examination programme. Under standard examination procedures, the time between filing a patent application and receiving a first examination report can extend to several years. For a startup or SME that needs to demonstrate IP ownership to investors, or that is approaching a commercial launch and needs the protection of a granted patent, that timeline can be commercially damaging.

The Green Technology Fast Track programme allows applicants whose inventions relate to green technology to request expedited examination, significantly compressing the time to a first examination report and ultimately to grant. The programme is open to both local and foreign applicants and covers a wide range of green technology categories. For SMEs with qualifying inventions, applying for fast track status at the time of filing costs relatively little and can make a significant practical difference to the speed at which IP protection is secured.

Filing strategy: think beyond Malaysia

Malaysian SMEs with genuinely innovative green technology should not limit their IP strategy to domestic protection. The commercial opportunity in green technology is global, and a patent that only covers Malaysia provides limited protection against competitors operating in export markets or against multinational companies that might seek to commercialise similar technology without a licence.

The Patent Cooperation Treaty, known as the PCT, provides a practical mechanism for seeking patent protection in multiple countries through a single international filing. A PCT application preserves the option to pursue national phase applications in over 150 countries for up to 30 months from the priority date, giving applicants time to assess commercial opportunities in different markets before committing to the cost of national phase entry. For green technology SMEs with global ambitions, the PCT is an essential tool.

Priority markets for green technology protection will vary depending on the nature of the invention and the commercial strategy of the business, but key jurisdictions to consider typically include the United States, the European Union, China, Japan, and key Southeast Asian markets. Many of these jurisdictions also operate their own green technology accelerated examination programmes, meaning that fast track status secured in Malaysia can often be leveraged to accelerate examination in other countries as well.

Common mistakes SMEs make with green patents

The most common and most damaging mistake that SMEs make in relation to green technology patents is disclosing their invention publicly before filing a patent application. Public disclosure, whether through a conference presentation, a published paper, a social media post, or a product demonstration, can destroy novelty and render an invention unpatentable in many jurisdictions. In Malaysia and most countries that follow the absolute novelty standard, any public disclosure before the filing date will bar patent protection unless a grace period applies.

The rule is simple and should be followed without exception: file before you disclose. If a disclosure cannot be avoided before filing, a provisional application or a priority application can be filed quickly to establish an early filing date, buying time to prepare a full application while protecting the novelty of the invention.

A second common mistake is filing a patent application that is too narrow in scope. An application that claims only the specific embodiment of the invention that the applicant has built, without claiming the broader inventive concept and its alternative implementations, may be easy to design around by a competitor who makes a minor modification. Drafting patent claims that are appropriately broad, without being so broad as to encompass prior art, is a skilled task that requires experienced professional input.

Conclusion

Green technology is not the future of innovation. It is the present, and the patent system is one of the most powerful tools available to the SMEs and entrepreneurs who are driving it forward. In Malaysia, the combination of a supportive policy environment, a dedicated fast track examination programme, and access to international filing mechanisms through the PCT means that the barriers to building a strong green technology patent portfolio have never been lower.

The green transition is creating commercial opportunities at a scale that a generation ago would have been difficult to imagine. For the SMEs that protect their innovations properly, those opportunities are there to be seized.

For further enquiries or advice, please contact us at kass@kass.asia for expert guidance.