No Climate Deal in Copenhagen Good for Green Patent Rights

The Wall Street Journal is reporting good news for patent owners, in particular those holding patents on green technologies. President Obama, who is currently attending the Asia-Pacific Economic Cooperation forum in Shanghai, China, along with other world leaders announced that they no longer have ambitions of reaching a binding international agreement on climate change during the United Nations Climate Change Conference in Copenhagen, which begins December 7, 2009 and runs through December 18, 2009. This is extremely important for those who are interested in strong intellectual property protections, particular patent rights. It had been feared that in order to obtain an international agreement the Obama Administration would broker the patent rights held by US concerns and give them to third world and developing nations in exchange for them taking steps to curb carbon dioxide emissions. Thus, the news that there will not be a binding agreement as a result of the UN conference in Copenhagen can allow patent and intellectual property advocates breathe a sigh of relief, at least for now.

This announcement by world leaders that there will be no climate change agreement this year will undoubtedly be viewed as a significant blow by the many who believe such an agreement is necessary despite the fact that an ever increasing number of highly respected scientists question whether global warming is for real.  But just the other day, Dr. Arvid Pasto, the former Director of the Oak Ridge National Laboratory (ORNL) High Temperature Materials Laboratory (HTML), who has thirty-five years of national laboratory and industrial experience in conducting, managing and directing advanced materials research, posted Global-warming myth risks economic viability. In this article he explains that there have been numerous scientific studies over the last few years that cast doubt on the popular global warming idea. He writes:

We who do not accept the theory of man-made global warming are doing so because it has been shown to be a questionable idea.

Climatology is an inexact science: Witness the fact that weathermen cannot predict weather more than a few days in the future, much less over a decade or more.

With all of the scientific disagreement over whether man-made global warming is factual, it is much too early to propose attacking the carbon dioxide emission issue.

Having the United States sign the Copenhagen Treaty would necessitate the expenditure of immense amounts of our money, time and effort attacking a nonexistent problem.

Not only has the tide turned in the global warming “debate,” which is really hardly a debate because until recently anyone who didn’t believe the party line on global warming was vilified, ridiculed and marginalized because it did not fit into the world view of much of the liberals in academia and in certain international government circles around the world.  But with mounting scientific evidence showing an alternative truth the opinions of society at large has changed, and that has caused some changes in political positions as well, apparently.

On Friday, November 6, 2009, speaking to the Independent Inventors Conference at the United States Patent and Trademark Office via previously recorded video, Commerce Secretary Gary Locke announced that the Obama Administration pledges to continue to provide full support to all inventors and to continue to support the strongest intellectual property protections in the world.  In an article I wrote that day I asked whether this statement by Secretary Locke could be an indication that the Obama Administration will not weaken patent protections in the name of reaching an international agreement at the Copenhagen Conference? At the time I observed that the right things are being said, and pointed out that this may just be for real.  It would appear that it is for real and Secretary Locke was indeed signaling the inventor community that patent rights would remain strong and the Obama Administration would not do anything to allow the weakening of such rights.

It does seem that the Obama Administration has a strong commitment to innovation and the patent and inventor communities.  Since being sworn in Secretary Locke has said all the right things and shown a real understanding of the problems facing the US patent system and a commitment to make things better.  While I think his attempts to drive down pendency to 10 months are unrealistic, the fact that he is trying to reach such a goal shows he has his eye on the ball and understands the need for patents to be issued as quickly as reasonably possible.

David Kappos, the Director of the US Patent and Trademark Office, is also saying all the right things as well.  He is taking appropriate administrative actions.  His actions match his rhetoric, and his rhetoric demonstrates that he to understands that the Patent Office can and must play a role in revitalizing the economy.  At the Inventors Conference last week he said a number of things that make it clear that he is well aware of the fact that issued patents are necessary for independent inventors and small businesses to raise funds necessary to move forward, including moving forward to hire employees.

So while many will undoubtedly lament the fact that there will be no international agreement on climate change, this is exceptionally good news for those who support strong intellectual property rights, strong patent rights and want greater innovation through the providing of meaningful incentives to the private sector.