Patents serve a valuable role in development.\u00a0 They introduce new innovations to the public by requiring the dissemination of technical knowledge in exchange for exclusive rights over the technology.[5]<\/a>\u00a0 Small businesses then have access to the patent\u2019s information, which drastically reduces industry learning curves and encourages building upon successful ideas.[6]<\/a>\u00a0 The Coalition for Innovation Development & Employment Alliance (IDEA) is a pro-business group launched by the United States Chamber of Commerce, which fights hard for powerful protections to the United States\u2019 patent system. \u00a0The patent system, IDEA says, is vital to a growing cleantech industry, which will result in the creation of millions of American jobs.[7]<\/a><\/p>\n However, the increase in clean energy patents may also burden companies with increased costs in litigation.\u00a0 Clean energy companies used to be able to avoid costly patent infringement battles.[8]<\/a>\u00a0 But, with the increase in clean energy revenues, that may soon change.[9]<\/a>\u00a0 Patent infringement suits are notoriously costly and recent clean energy cases have resulted in up to $170 million in damages.[10]<\/a>\u00a0 Surveys show average infringement litigation costs generally run parties over $5 million, and generally last for two to four years.[11]<\/a>\u00a0 The actual impact on cleantech patent litigation will be decided once the margin of growth stabilizes and the true value of clean energy is realized.[12]<\/a><\/p>\n But, the market is still growing and there are few big players in the renewable market. Once the market is established, however, the patent cases will follow.\u00a0 According to Ropes & Gray partner, William McCabe, \u201c[o]nce [the companies] build the market, they will become targets of the smaller players and nonpracticing entities who would not find economic value in an injunction.\u201d \u00a0Solar and wind companies, in particular, will see an increase in patent infringement claims.[13]<\/a>\u00a0 \u201cWind and photovoltaic solar are very complex technologies that require large capital investments[,]\u201d says McCabe. \u00a0\u201cThose manufactures tend to be very large, sophisticated companies who tend to protect their IP rights and who don\u2019t seem timid about protecting them via enforcement.\u201d[14]<\/a><\/p>\n This is good news for attorneys as small and medium-sized clean energy companies will have to innovate and work hard to protect their product.\u00a0 These companies have an interest in creating strong, diverse energy patent portfolios, and will begin to take offensive measures to protect competitive technologies.[15]<\/a>\u00a0 Building a patent portfolio may seem daunting, but the companies that get it done will be \u201cbe prepared for battle and will reap the rewards.\u201d[16]<\/a><\/p>\n Ultimately, it is an exciting time to be involved in the clean energy market. \u00a0The renewable patent explosion will continue for the foreseeable future. \u00a0Federal and state support will continue to fund research and development, and the potential for green revenue is still uncertain.\u00a0 Patent attorneys should see this as a gold rush opportunity and work hard to protect the property of these clean energy startups.\u00a0 Once the patent system starts working for the cleantech companies, America\u2019s \u201call-of-the-above\u201d energy approach becomes that much more more accessible.<\/p>\n [1]<\/a> Louise Downing, Clean Energy Investment Jumps 16% Shaking Off Oil\u2019s Drop<\/em>, Bloomberg (Jan. 9, 2015, 4:00 AM), available at<\/em> http:\/\/www.bloomberg.com\/news\/articles\/2015-01-09\/clean-energy-investment-jumps-16-on-china-s-support-for-solar.<\/p>\n [2]<\/a> U.S. Energy Information Administration, Short-Term Energy Outlook (2015), pp. 10-11, available at<\/em> http:\/\/www.eia.gov\/forecasts\/steo\/report\/renew_co2.cfm (noting capacity increases by more than 60%).<\/p>\n [3]<\/a> Clean Energy Patent Growth Index 2013 Year in Review<\/em>, Cleantech Group (Apr. 23, 2014), http:\/\/www.cepgi.com\/2014\/04\/clean-energy-patent-growth-index-2012-year-in-review.html#more.<\/p>\n [4]<\/a> Keith Goldberg, Clean Energy Patent Boom Sets Stage for IP Wars<\/em>, Law360 (Oct. 30, 2013, 6:09 PM), http:\/\/www.law360.com\/articles\/484594\/clean-energy-patent-boom-sets-stage-for-ip-wars.<\/p>\n [5]<\/a> Jeanne C. Fromer, Patent Disclosure<\/em>, 94 Iowa L. Rev. 540, 548-50 (2009).<\/p>\n [6]<\/a> Margaret McInerney, Note, Tacit Knowledge Transfer with Patent Law: Exploring Clean Technology Transfers<\/em>, 21 Fordham Intell. Prop. Media & Ent. L.J. 449, 462 (2011).<\/p>\n [7]<\/a> Eric Raciti, Is IP Standing in the Way of a Green Planet?<\/em>, Renewable Energy World (Nov. 5, 2010), http:\/\/www.renewableenergyworld.com\/rea\/news\/article\/2010\/11\/is-ip-standing-in-the-way-of-a-green-planet.<\/p>\n [8]<\/a> Goldberg, supra<\/em> n. 3.<\/p>\n [9]<\/a> Teague Donahey, Expect Patent Disputes to Accelerate as Clean Energy Expands<\/em>, Green Tech Media (Oct. 6, 2014), http:\/\/www.greentechmedia.com\/articles\/read\/patent-activity-in-clean-energy-picks-up.<\/p>\n [10]<\/a> Jess Davis, Mitsubishi Can\u2019t Knock Out $170M Wind Patent Judgment<\/em>, Law360 (May 29, 2013, 2:00 PM), http:\/\/www.law360.com\/articles\/445617<\/a>.<\/p>\n [11]<\/a> Donahey, supra<\/em> n. 10.<\/p>\n [12]<\/a>Goldberg, supra<\/em> n. 3.<\/p>\n [13]<\/a> Id.<\/p>\n [14]<\/a> Id.<\/p>\n![\"Alternative_Energies\"](\"http:\/\/jolt.richmond.edu\/files\/2017\/03\/Alternative_Energies-346x225.jpg\")
<\/a><\/p>\n