INTRODUCTION
The Intense climate changes and sudden climate crisis have made the world seriously consider sustainable-driven technology uses. Environmental Sustainability has become a global imperative. Innovations in renewable energy, carbon capture, waste management and sustainable manufacturing are viewed as significant tools in addressing the issues of climate change. In this context, Intellectual Property Rights play an important role by issuing the innovators the exclusive Rights over their innovations. The increasing dependence on patent protection has created a point of distinction in law; on one hand, patents promote innovation; on the other hand, patents can restrict access to important climate-related technologies, particularly in developing nations. Therefore, a careful review of how to balance promoting green innovation through intellectual property regimes and ensuring equitable access to environmentally material technologies is imperative at this time.
This article will explore the manner in which green patents fit within the context of international intellectual property law and the Patents Act 1970, examine how Patent law can facilitate achieving climate objectives, and discuss how to balance private rights of patent holders with public policies and environmental concerns.
WHAT ARE GREEN PATENTS?
The Green Patents are granted to those innovations and technologies that help to protect and conserve the environment. This includes several innovations in areas like renewable energy, such as wind energy, geothermal energy, solar energy, etc.[1] and also the techniques of waste management and so on.
In India, the patent protection for such innovation is governed by the Patents Act, 1970. Under this act, an invention can be granted patent protection if it satisfies the statutory requirements of novelty, inventive step and industrial applicability. Although the patent act does not specify the term green patent, a patent can be granted if it satisfies all the given requirements.
The International framework governing patent protection is the TRIPS Agreement. The agreement establishes the minimum standards for Intellectual property protection and also prioritises technological innovation and the transfer of technology. Article 7 of the TRIPS agreement[2] recognises that intellectual property protection should contribute to technological advancement and social welfare, a principle that is particularly relevant in the context of climate-friendly innovations.
Recent trends show the growing focus on green innovations. In India, between 2016 and 2022, more than 91,500 patents were granted, of which 61,500 were green and related to green technology.[3] The major 90% of the patents were granted for innovations in waste management techniques and alternative energy generation sources. The remaining patents cover areas like energy conservation, transportation technologies, nuclear energy generation, agriculture and other areas. These developments highlight the increasing role of patent systems in encouraging environmentally responsible technological advancement.
Over the past two decades, green patents have surged drastically. According to International Patent Classification Data, green tech patents increased by 20-fold in 2000- 2020. Patents for green energy technology are predominantly held by Japan, the U.S., Germany, and China, representing more than 60% of the total patents in this field.[4]
IMPORTANCE OF GREEN PATENTS
Intellectual Property Rights (IPR), especially green patents, play an important role in encouraging, protecting, and sharing environmentally friendly technologies. IPR is vital in the green technology field, not just for promoting innovation but also for balancing private rights with public environmental interests.
Incentivising Sustainable Innovation:[5] Green technology research and development incur enormous costs, innovation delays, and technical risk. Patent protection can help inventors cope with these problems by giving them limited exclusive rights to their innovations while recouping their investment and getting further funding. It supports innovators, academic institutions, and private companies to develop environmentally responsible technologies such as renewable energy sources, carbon capture, energy-efficient buildings, and sustainable materials. Intellectual property rights provide financial incentives for innovation, which allows more of the state to encourage more sustainable developments.[6]
Supporting Climate Goals and Environmental Protection: Green patents help meet climate mitigation and adaptation goals. By protecting innovations that cut greenhouse gas emissions, improve energy efficiency, or encourage sustainable resource use, IPR becomes a tool for environmental governance. In countries like India, where the right to a clean environment is included in the right to life under Article 21,[7] enforcing patent rights must support environmental welfare. Green patents thus exist at the intersection of IP law and environmental law.
Encouraging Green Investment and Economic Growth:[8] Strong IPR protection attracts foreign direct investment (FDI) and promotes private participation in the green economy. Start-ups and small innovators rely on patents to secure funding, enter markets, and scale their environmentally friendly solutions. Green patents also foster the growth of green industries, leading to job creation and sustainable economic development.
The importance of IPR and green patents goes beyond legal protection. They act as catalysts for sustainable innovation, tools for climate action, and ways to balance economic incentives with environmental responsibility. As the world moves towards greener economies, a fair and effective IPR framework will be crucial. It will help ensure that innovation benefits both current and future generations.
RECENT TRENDS AND POLICY INNOVATIONS
Between 2006 and 2020, the number of global patent applications for green energy and energy-saving technologies rose by about 120%. This growth was tracked under the International Patent Cooperation Treaty (PCT). Patent search and analysis tools have been key in finding and following these trends.[9]
- Top green tech areas include renewable energy, waste management, sustainable agriculture, and carbon capture. Innovations in energy storage, like better battery technologies, help manage the supply and demand of renewable energy. In sustainable agriculture, there’s more focus on patents for precision farming, bio-based fertilisers, and efficient irrigation systems. Another big trend is carbon capture, which involves collecting CO2 emissions from industrial processes.[10]
- Green innovation is growing quickly in China. In Europe, especially Germany and the Nordic countries, there’s strong leadership due to strict environmental rules and a big push for sustainability. Japan and South Korea are also advancing, particularly in energy-efficient tech and sustainable manufacturing.
INDIA REGULATIONS FOR GREEN PATENTS
The role of intellectual property rights in encouraging technological innovation and sharing technology for the benefit of both creators and users of specialised knowledge is discussed in Article 7 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.[11] Currently, India does not have a special fast-track system for green patents. However, the 1970 Patents Act provides some flexibility through compulsory licensing under Sections 84 and 92.[12] These provisions can be used in situations of public need, including environmental emergencies.
ETHICAL ISSUES WITH GREEN PATENTS
At the heart of green patents is an ethical debate about the balance between the private rights given by patents and the global need for quick access to green technologies. One major concern is accessibility.[13] When a green technology is patented, the patent holder has exclusive control over its use, production, and sale for about 20 years. This control can make it difficult for people who can’t afford the licensing fees or royalties to access the technology.
Another important issue is affordability, especially for developing and underdeveloped countries. These nations are often most affected by climate change but may not have enough financial resources to buy patented green technologies.
Fair distribution of these technologies is also a key concern. Patent systems are usually based on individual countries or regions, leading to a fragmented legal system. Sharing patented green technologies across borders, particularly from the Global North to the Global South, can be difficult due to complicated licensing agreements, legal challenges, and high costs.[14] These are essential issues related to the availability, cost, and distribution of green technologies if patents are granted, and they highlight the need to keep a balance between private incentives and public benefits.
WAY FORWARD
- To ensure alignment between IPR and climate goals, policymakers should: Promote technology transfer and voluntary licensing.
- Encourage open innovation, consistency and patent pools for climate technologies.
- Integrate environmental considerations into patent enforcement decisions.
For India, adopting a green patent fast-track system and strengthening compulsory licensing provisions for climate-critical technologies could significantly improve access while maintaining innovation incentives.
CONCLUSION
In this context, the increasing climate crisis has made green patents a vital tool for promoting environmental innovations while ensuring that innovators reap due benefits for their inventions. By protecting inventions in clean and renewable energy, waste management, and carbon capture, for example, these patents promote long-term investments for climate resilience. But for this to happen, it is important to strike a balance between individual rights and global environmental needs. Excessive strictness may deny access to key inventions, especially for developing nations. Some strategies to address this include fast-track green patent procedures, voluntary licensing, and patent pools. For nations such as India, it is important to continue to strike a balance between constitutional requirements and TRIPS provisions. Ultimately, green patents should not only be about individual rights but also about global climate actions.
Author’s Name: Manisha Nandkumar Dhayrikar (ILS Law College, Pune)
References:
[1]“A Sudden Surge in Green Patent Innovations” (PatSeer, August 8, 2024) <https://patseer.com/sudden-surge-in-green-patent-innovations/> accessed January 25, 2026
[2] Agreement on Trade-Related Aspects of Intellectual Property Rights 1995, art 7
[3] Kumar C, “Every 2nd Patent Granted since 2016 Relates to Green Tech; Most Linked to Waste, Alternative Energy” Times of India (February 8, 2022) <https://timesofindia.indiatimes.com/india/every-2nd-patent-granted-since-2016-relates-to-green-tech-most-linked-to-waste-alternative-energy/articleshow/89420047.cms> accessed January 16, 2026
[4] Wipo, “Annex to PR/2020/851 (World IP Day 2020)” (World Intellectual Property Organisation, April 23, 2022)
[5] Prudhvi N, “Green Innovation and Intellectual Property Rights – Surana & Surana” (Surana & Surana, February 19, 2024) <https://suranaandsurana.com/green-innovation-and-intellectual-property-rights/> accessed January 16, 2026
[6] Kaya A Dr, “Green Technology Patents: Driving Sustainable Innovation” (IPBA® Connect, February 27, 2025) <https://profwurzer.com/diplex/docs/ip-and-sustainability/green-technologies-and-patents/> accessed January 16, 2026
[7] Constitution of India 1950, art 21
[8] ‘Green Patents – Shaping a Sustainable Future’ (Legal Advantage, September 5, 2024)
<https://legaladvantage.net/2024/09/green-patents-shaping-a-sustainable-future/> accessed January 16, 2026
[9] ‘A Sudden Surge in Green Patent Innovations’ (PatSeer, August 8, 2024) <https://patseer.com/sudden-surge-in-green-patent-innovations/ > accessed January 25, 2026
[10] Ibid
[11] Agreement on Trade-related Aspects of Intellectual Property Rights 1995, art 7
[12] The Patents Act 1970, s 84; The Patents Act 1970, s 92
[13] ‘What Are the Ethical Concerns Surrounding Green Patents? → Ques on” Climate →
(Sustainability Directory, May 5, 2025) <https://climate.sustainability-directory.com/question/what-are-the-ethical-concerns-surrounding-green-patents >accessed January 16, 2026
[14] Kumar C, “Every 2nd Patent Granted since 2016 Relates to Green Tech; Most Linked to Waste, Alternative Energy” Times of India (February 8, 2022) <https://timesofindia.indiatimes.com/india/every-2nd-patent-granted-since-2016-relates-to-green-tech-most-linked-to-waste-alternative-energy/articleshow/89420047.cms> accessed January 16, 2026
