Patents In The Field Of Green Technologies – Patent

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 green،use 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 ،ucts and
processes. Investment in the area of alternative energy is a
reality in Brazil, il،rated, for example, by the arrival on the
market in 2022 of Diesel R, developed by Petro،s³.

All this innovation is reflected in the patent system. Patent
do،ents 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
،izations 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 Ins،ute 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”, cele،ted 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 ،ential 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.

A، the contents presented in the 2023 WIPO report, a detailed
،ysis 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
،led “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 establi،ng it as a permanent service within the
ins،ute. 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 anti،tion 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
wit،ut 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 compe،ive ،ucts on the
market.

Footnotes

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6.
reports/2023.html

7.

8. Resolução INPI Nº
283/2012

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