What is green technology and why does it matter for IP?

Green technology, broadly defined, encompasses any innovation that contributes to environmental sustainability. It includes renewable energy technologies such as solar panels, wind turbines, and hydrogen fuel cells; energy efficiency solutions for buildings, transport, and industrial processes; water treatment and conservation technologies; waste management and recycling innovations; sustainable agriculture and food production methods; and the rapidly growing field of carbon capture and storage.

The commercial stakes are enormous. The global green technology and sustainability market was valued at over USD 13 trillion in 2023 and is projected to grow at a compound annual growth rate exceeding 20% through the next decade. For innovators and businesses operating in this space, intellectual property protection is not merely a legal formality. It is the mechanism through which competitive advantage is secured, investment is attracted, and the commercial value of green innovation is captured and preserved.

Patents and green technology: a natural fit

Of all the forms of intellectual property protection available to green technology innovators, patents are the most powerful and the most frequently pursued. A patent grants its owner the exclusive right to prevent others from making, using, selling, or importing the patented invention for a period of up to 20 years from the date of filing. In a sector where research and development costs are high, development timelines are long, and the commercial opportunity is significant, that exclusivity can be worth an enormous amount.

Green technology is, in many respects, an ideal field for patent protection. The innovations involved are typically technical in nature, involving novel processes, devices, materials, or systems that meet the standard requirements for patentability: novelty, inventive step, and industrial applicability. A new method of converting solar energy into electricity more efficiently, a novel catalyst for hydrogen production, or an innovative process for converting agricultural waste into biodegradable packaging material are all the kinds of inventions that are well suited to patent protection.

The volume of green technology patent filings globally reflects the scale of investment in the sector. According to the European Patent Office, patents in clean energy technologies have grown at nearly twice the rate of overall patent filings in recent years, with solar energy, wind power, and battery technology among the fastest-growing categories.

Fast-tracking green patents: the MyIPO Green Lane

Recognising the urgency of the climate challenge and the importance of accelerating the commercialisation of green innovations, a growing number of patent offices around the world have introduced accelerated examination programmes specifically for green technology patent applications. In Malaysia, the Intellectual Property Corporation of Malaysia, known as MyIPO, operates a Green Technology Fast Track Examination programme that allows applicants to request expedited examination of patent applications relating to green technology.

Under this programme, qualifying applications can receive a first examination report significantly faster than under the standard examination timeline, reducing the time between filing and grant and allowing innovators to move more quickly to commercialisation. For businesses and researchers working in the green technology space, this represents a meaningful practical advantage, and one that is worth exploring at the outset of any IP strategy.

Similar fast-track programmes exist in other jurisdictions, including the United Kingdom’s Green Channel, the United States Patent and Trademark Office’s Climate Change Mitigation Pilot Programme, and the European Patent Office’s PACE programme, all of which can be leveraged as part of a coordinated multi-jurisdictional IP strategy.

The tension between patent protection and technology access

Green technology patents are not without controversy. A persistent and important debate surrounds the tension between the exclusivity that patents provide and the global need for widespread access to the technologies that will be required to address climate change. Critics argue that strong patent protection in green technology can impede the transfer of clean technologies to developing countries that need them most, raising the cost of adoption and slowing the pace of decarbonisation where it matters most.

This debate has influenced international policy discussions within the World Trade Organization and the United Nations Framework Convention on Climate Change, and it has led some major technology companies and research institutions to make voluntary commitments to license certain green technology patents on favourable terms to developing country entities.

For businesses building green technology patent portfolios, awareness of this debate is important. Licensing strategies that balance commercial return with genuine access commitments are increasingly seen not only as ethically appropriate but as commercially advantageous, particularly in markets where government procurement and public sector partnership are significant sources of revenue.

Green technology and the Malaysian innovation landscape

Malaysia has made green technology a priority within its national economic development agenda. The Green Technology Master Plan, the National Renewable Energy Policy, and a range of government incentive programmes have created a supportive environment for green innovation, and Malaysian universities and research institutions are producing a growing volume of commercially relevant green technology research.

For Malaysian innovators and businesses, the opportunity to build valuable IP portfolios in green technology is real and present. Solar energy applications adapted for tropical climates, sustainable palm oil processing technologies, innovative approaches to managing electronic waste, and water treatment solutions tailored to Southeast Asian conditions are just a few of the areas where Malaysian innovation has genuine global commercial potential.

Translating that potential into protected, commercially valuable IP requires a deliberate strategy: identify the innovations that are patentable, file early and before any public disclosure, consider both domestic and international protection from the outset, and think about how the patent portfolio can be leveraged through licensing, joint ventures, or direct commercialisation to generate a return on the investment in research and development.

Conclusion

Green technology is one of the most commercially promising and socially important fields of innovation in the world today. For businesses and researchers working in this space, the patent system provides powerful tools for protecting and commercialising their innovations, and programmes like MyIPO’s Green Technology Fast Track make those tools more accessible than ever before.

The green transition is underway. For those with the foresight to protect their innovations properly, it represents one of the greatest IP opportunities of our generation.

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