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Patents: A Hindrance or Facilitator of Green Technology Innovation?

Our courts are currently rife with educated debate as to what is and what should be patentable subject matter. Central to this debate is an age-old question: do patents hinder or facilitate innovation? For decades now, we have heard this debate revolve around software. Extreme open-source enthusiasts would argue that all software should be maintained as open-source to facilitate the sharing of code and joint efforts to improve the software. More recently, the debate has shifted to business methods and biomedical inventions. Now, with the explosion of green and clean technology innovations, and the corresponding steep rise in patent filings for such innovations, the debate focus has shifted again. 

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Intellectual Property Considerations for Clean Tech

Clean technology is a growing and substantial area of interest for investors, entrepreneurs, innovators and governments. Billions of dollars are invested annually in the development and exploitation of new clean technology. Many new start-up companies have been founded solely on the basis of new clean technology. The success of all of these efforts will substantially depend on the efficacy of the intellectual property (IP) protection efforts surrounding the new clean technology. 

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