Powering Progress: The Role Of Green Patents In India’s Renewable Energy Revolution
Introduction:
India’s renewable energy sector is experiencing unprecedented growth, driven by policy advancements, increasing investments, and emerging technologies[1]. Amidst these ongoing uncertainties, patent law plays a particularly important and potentially complex role in fulfilling India’s ambitious goals for clean energy. Patents provide the inventor exclusive rights, an incentive to innovate in, and support the development and research (R&D) in advanced renewable energy technologies. Patents can also hinder renewable energy transitions, monopolizing innovative technologies, and ultimately burdening access, increase technology costs, and stifle advancement of use.
Since the 1990s, patenting activity in renewable energy technologies (RET) has smoothly accelerated, driven especially by solar, wind, bioenergy, hydropower, and many others as an inventor’s incentive. India has undergone numerous patent reforms to develop patentable RET, in a structured manner that is accessible and affordable for developing countries. However, balancing patent reforms with a holistic and developing inclusion and efficient patent and innovation system remains a complex challenge. In the end, patenting activity in terms of proper protection versus promoting affordable renewable energy technology at scale will permanently determine if India continues as a thought leader in the global clean energy transition.
Table of Contents
Evolution of Green Patent in India:
India has shown exceptional progress in green technology innovations, establishing itself as a global leader in green patent filings. Between 2016 and 2022, more than 61,000 patents connected to clean energy, waste management, and energy saving have been granted[2]. Such developments signify India’s dedication to building sustainable technology and managing climate change issues. Government initiatives have been essential to this progress. The Patents (Amendment) Rules of 2016 provided an expedited examination stream for green patents, allowing eco-friendly innovation to move onto the market more quickly.
Furthermore, Section 84 of the Patents Act of 1970 permits compulsory licensing in proceedings of public interest, which aids the capability for access to important green technologies, especially in developing nations where prohibitive licensing and transaction costs could impede candidates from using them. The global need to address climate change has led to a spike in green patent applications around the world. The World Intellectual Property Organization (WIPO) reported green patent filings for environmental technologies rose nearly 120% from 2006-2020 utilizing the International Patent Cooperation Treaty (PCT). The leading countries with green patent filings consist of the United States, China, Japan, Germany, and South Korea, which use patents for purposes besides finding success in environmental sustainability, like economic growth.
India’s focus on green patents is an extension of its approach to meeting its clean energy objectives. By developing patent-friendly frameworks for sharing and increasing access to green technologies, India is solidifying its status as a leading contributor to the global renewal energy space. The challenge will always remain to strike a balance between intellectual property protection and democratizing consumption of the technology. Of course, as green innovation continues to develop, India must refine its patent structure more widely to support sustaining its growth for affordability and collaboration in the clean energy space.
Impact of Patent Laws on Innovation in Renewable Energy in India:
Patent laws are instrumental in stimulating innovation in renewable energy, as they incentivize inventors, promote research and development (R&D), and allow the transfer of technology. Patents provide the opportunity for innovators as exclusive rights holders to secure financing for investments into clean technologies, continued innovation, and advancements on environmental sustainability. Green patents afford inventors protection to develop state-of-the-art technologies, enabling a process of ongoing innovation in clean energy technologies. Innovative technologies reflect cleaner sources of energy, and will also work to minimize pollution, conserve resources, combat climate change, and also present economic opportunities.
As green technology markets grow, so will job opportunities, and increased global financing that positions countries as leaders in sustainable solutions and advancements in technology. Patents also provide mechanisms for the transfer of technology by registering companies for licenses to essential renewable energy solutions, especially in lesser developed countries, so that cleaner technologies are adopted more broadly. Many green patents also require cooperation across borders, increasing knowledge transfer and resources using plants that are needed to combat global environmental issues.
Various case studies have provided insight into the benefits that patent laws can deliver to renewable energy innovation. For instance, in Enercon (India) Ltd. v. Enercon GmbH (2014), a legal dispute arose concerning the unauthorized use of patented wind turbine technology. The Delhi High Court ruled favorably for Enercon GmbH, acknowledging the significance of intellectual property protection in the renewable energy sector. Likewise, Tesla’s Open Patent Initiative (2014) was an interesting historical moment for the EV industry that permitted all companies to use Tesla’s patented technology in order to accelerate the transition to sustainable transportation infrastructure.
Another noteworthy and relevant case occurred in 2006 when General Electric launched its Ecomagination Initiative, with a mission to develop and patent clean energy solutions, focusing on wind, solar, and gas turbines. As GE developed patented clean energy technology solutions, it improved the efficiency of wind power and renewable energy in general while boosting revenues in their business model. Siemens also has patents on numerous rotor blades and energy storage technology that have advanced wind technology for wind farms. Philips has also greatly assisted in developing the LED market and other energy efficiency innovations with its significant patent portfolio in LED lighting technology, leading to energy efficiency improvements in commercial, consumer, and municipal lighting improvements while helping to reduce electricity demand and maintenance issues. Both cases show intellectual property protection internationally can allow for all patents to protect innovation while encouraging collaboration and further use of competing technologies in the change toward adopting clean energy solutions.
Green patents, while essential for fostering innovation in renewable energy, face several challenges that hinder their widespread adoption[3]. One major barrier is the often-high cost of research, development, and filing of a green patent. Small companies, start-ups and independent inventors often find it difficult, if not impossible, to find funding to develop and patent a green technology, limiting their participation in the development of a sustainable solution. The disproportionate economic burden of the patent system creates a fundamental barrier to innovation to well-capitalized corporations only.
Additionally, enforcement of patents remains a challenge. Enforcement of patent rights often leads to costly and time-consuming legal battles, resulting in delays in the deployment of necessary green technologies. Extensive litigation restricts timely input on important environmental issues, invalidating the potential of innovation. Patents facilitate innovation but some innovation must weigh the legal implications of public interest. Compulsory licensing may be an example of a mechanism to balance patent holders and public interest, while not ignoring the need to protect public welfare.
Upon a combination of legal and moral grounds, the Patents Act, 1970 Section 84 allows for demand of access for patented green technologies where public interest prevails, and the patent in question is environmental-related or affected by current environmental situations or emergencies. While green patents contribute to the advancement of innovation, overcoming these challenges is essential if green innovations are to be made more widely accessible and demonstrate valuable effectiveness. Cutting patent costs, establishing technology transfer, and enforcing legal measures granting access is critical to agreeing on equitable access to an outcome between innovation and its practical invocation on people’s lives to showcase their benefit, and thus support global movement towards sustainability.
Conclusion:
Green patents have a vital role in India’s transition to renewable energy through incentivizing innovation, providing investment security, and promoting technological advancement. However, challenges, including high patenting costs, limited accessibility, and enforcement challenges, restrict the widespread adoption of green patents. Meaningfully addressing these challenges necessitates a measured approach which advances innovation while safeguarding equitable access to sustainable technologies. While covert efforts from the government to streamline the patent examination process or impose compulsory licensing is a good start, more reform is needed in the patent system to improve efficiency and accessibility. Working internationally, lowering patenting costs, and promoting open innovation can expedite India’s clean energy transition and contribute to the country’s competitiveness in the international market.
As India pursues its energy transition, it will be important to identify patent policy improvements that can support technical innovation, economic development and environmental resilience associated with clean energy. An effective green patent environment will go beyond protecting intellectual property and contribute to the establishment of clean energy solutions for all.
[1] India Brand Equity Foundation (IBEF), 2025. Renewable Energy Industry in India. [online] Available at: https://www.ibef.org/industry/renewable-energy [Accessed 25 March 2025].
[2] Global Patent Filing, 2025. The Rise of Green Patents: Driving Innovation for a Sustainable Future. [online] Available at: https://www.globalpatentfiling.com/blog/The-Rise-of-Green-Patents-Driving-Innovation-for-a-Sustainable-Future [Accessed 25 March 2025].
[3] Intepat. (n.d.). Green technology patent: A key to sustainable development. Available at: https://www.intepat.com/blog/green-technology-patent-a-key-to-sustainable-development/ [Accessed 25 Mar. 2025].
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