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Message from the President Emily Whelan
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BIPLA Statement on Recent Federal Policy Announcements
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2024 Annual Meeting
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Fast-Tracked Patents: Using the Patent System in the Race to Combat Climate Change
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Minutes of the BIPLA Annual Meeting
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Amicus brief of Amicus Curiae BIPLA in Island Intellecutal Property LLC v. TD Ameritrade, Inc.
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2025 Ⓒ Boston Intellectual Property Law Association
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Fast-Tracked Patents: Using the Patent System in the Race to Combat Climate Change

By Emily Ganem - Winner of BIPLA Writing Competition
Introduction: The Patent System and Climate Change
The patent system allows inventors to exclude others from using their inventions, offering a way to collect profits.1 This allows patent holders to increase prices, but patents also benefit society by disclosing technical information and incentivizing innovation.2 In the United States, for example, issuance of a patent offers a monopoly to the patent holder (also called “patentee,” typically the inventor) in exchange for full disclosure of their invention “so that, at the expiration of the monopoly, ‘the knowledge of the invention inures to the people, who are thus enabled without restriction to practice it and profit by its use.’”3
Innovation for the public good surely includes researching and developing technologies to combat climate change4—“the biggest threat to security that modern humans have ever faced.”5 On one hand, the patent system may generate incentives to develop green technology. It offers a business model for start-up endeavors that would otherwise not be feasible due to high commercialization costs.6 On the other hand, however, representatives of developing countries contend that patenting green technologies makes them inaccessible and hinders adoption.7 Director of the Third World Network, Michael Khor, urges that “[Intellectual property rights] confer monopoly rights, and can curb affordable access through higher prices…as well as be a barrier to the introduction or upgrading of technology by private industry or public-sector agencies in developing countries.”8 Generally, intellectual property rights are viewed as either incentivizing the development of green technology or hindering access to necessary technologies that can combat climate change.
Overview
Despite this controversy, the United States Patent and Trademark Office (USPTO) offers to fast-track review of patents for green technology through its Climate Change Mitigation Pilot Program (CCMPP). This paper aims to explore how the CCMPP increases incentives to disseminate green technology while exploring how the program aligns with the justifications for the patent system. Part I provides an overview of how the CCMPP impacts filings with the USPTO and identifies gaps in the innovation of green technology beyond the length of time to file a patent. Geoengineering technology provides an illustrative case study of several issues arising from the patent system. Part II considers other tools for incentivizing the innovation of green technology. Part III revisits the purpose of the CCMPP in light of the identified issues and alternatives, considering what else can be implemented to further the goal of commercializing technology that can help combat climate change.
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