(174b) Intellectual Property Trends in Clean Energy

As the clean energy industry has grown in recent years, it has seen a significant increase in patenting and patent disputes.  Data from 2006-2011 show that patent filings in the areas of biofuels, solar thermal, solar PV, and wind energy have been growing at a combined annual rate of 24%, far higher than the global average of 6% during this period.  This makes it essential to adopt a strategic IP plan to ensure protection of your inventions and avoid competitor IP.  During this session, we will explore trends in patent protection in the clean energy industry and consider how to evaluate the strength of your company’s patents, minimize risk of infringement, and block competitors.  In addition, we will review recent legislative changes under the America Invents Act (“AIA”) that provide new routes for challenging third party patents should a potential risk arise as the clean energy patent space grows more crowded.  Specifically, we will address how to use the new Inter Partes Review (“IPR”) procedure to attack competitor patents.