The United Nation’s Emissions Gap Report 2026 emphasises that opportunities for improvements are greater than ever. With technology developing fast, the challenge is implementation. How can the IP system incentivise the development and implementation of greentech?

Development: innovation, investment, and IP

Innovative technologies are likely to acquire patent protection for the companies and individuals behind the invention. Patents can help attract investors to fund development. This is part of the justification for the “patent bargain”: a granted patent gives inventors a temporary monopoly, enabling them to recoup research and development costs through commercial exploitation of their IP.

One way the UK incentivises this research and development is the “Patent Box”, a reduction in corporation tax which is given to companies that own and exploit patents. The UKIPO also offers a “Green Channel” for accelerating the processing of patent applications which pertain to environmentally friendly inventions. And indeed, there are some statutory provisions which provide exceptions (or defences) to patent infringement. Section 60(5)(b) of the Patents Act provides that acts done for “experimental purposes” do not infringe, so it is perfectly legitimate to undertake research relating to patented technologies.

Algae photobioreactor tanks offer an alternative for trees where urban conditions make planting unsuitable, with considerable potential to improve air quality in dense cities. Liquid3 uses a solar panel to capture and store daytime energy, powering artificial lighting for photosynthesis at night. However, low sunlight availability may limit its effectiveness. Other emerging uses include algae biomass as bio-bitumen, a lower carbon alternative for bitumen for more sustainable road construction, and algae-derived ingredients for food and cosmetics.

Another promising urban technology is the vertical axis wind turbine (VAWT). VAWTs may be deployed alongside roads to harvest energy from vehicle-induced turbulence. Proposed technologies such as Alpha 311 may retrofit turbines onto existing infrastructure such as streetlights. As transport electrification accelerates, infrastructure to meet road users’ growing electricity demand is increasingly important.

You may already see potential for collaboration here; by replacing or supplementing photobioreactor solar panels with VAWT on roads, this might potentially improve the effectiveness of the technology in regions with low sunlight availability. Perhaps the grown algae can be used for one of the described further purposes. But none of the individual entities would be likely to secure a patent by merely combining their own invention with someone else’s, and a patent only protects against infringement and does not guarantee freedom to operate. There is an important balance between IP rights avoiding unnecessary restrictions on progress and offering a strong financial incentive, to help innovative green technology become widespread more quickly.

Implementation: commercialisation, co-operation, and competition

How else can the government incentivise the actual implementation of these novel solutions? It’s important for governments to offer the right incentives and infrastructure for businesses to collaborate. Current “crown use” statutes authorise the government to utilise patented inventions without infringement. This is currently limited to foreign defence, drugs and medicines, and atomic energy. Green inventions therefore require the government to cooperate with rights holders.

Possible ways to encourage businesses to cooperate with each other and with the UK Government to implement green technology would be to use the ”Licence of Right” declaration for patents, which is an endorsement you can register that entitles you to half the cost of renewal fees for maintaining your patent. It means that you must offer a licence to interested parties, but the terms and fees of such licences are still yours to determine. Alternatively, if a patent has been granted for more than three years and if it is not being commercially “worked” in the relevant territories, then anyone can apply to the comptroller for a ”compulsory licence”, subject to certain provisions.

IP rights are not the sole consideration when integrating technology with public infrastructure. Governmental requirements apply to public property, especially where public safety is affected. These technologies may also require significant green infrastructure investment from municipal authorities such as councils, whose  budgets differ.

Lessons for businesses

Incentives exist in the patent system for investing in green technology, and once patents exist, provisions are available for both collaboration and earning a return on investment. This may lead to collaboration with competitors, by licensing the technology or cross-licensing on favourable terms. If a patented technology isn’t actively being exploited, businesses can investigate the potential for a compulsory licence. Opportunities exist to utilise green technology for both the good of the planet and mutual commercial gain, and the patent system can support that effort.

Useful links

• COP31 Presidency Priorities https://dycip.com/cop31-priorities 
• LIQUID3: https://dycip.com/liquid30  
• TARMAC, “Harnessing nature’s power: collaborative effort explores algae for lower-carbon road construction”, 08 May 2024: https://dycip.com/tarmac-algae-roads  
• ALGIECEL: https://dycip.com/algiecel 
• ENLIL: https://dycip.com/enlil 
• Alpha311: https://dycip.com/alpha-311  
• UKIPO guidance “Licensing intellectual property”, 12 December 2014: https://dycip.com/ukipo-licensing-ip  
• ScienceDirect, “Highway-integrated vertical-axis wind turbines for harvesting induced wind for the generation of electricity: A critical review”: https://dycip.com/ScienceDirect-highway-wind