The innovations with the lowest patent and claim productions for 2010, and which illustrate areas of possible opportunity, were smart grid technologies, geothermal, and CO2 storage.
Among the 1,167 patents issued in 2010 across the 11 cleantech categories studied, the top three innovations that produced the most patents and the most claims were (for the third year in a row) solar, wind, and hybrid vehicles. In contrast, the innovations with the lowest patent and claim productions for 2010, and which illustrate areas of possible opportunity, were smart grid technologies, geothermal, and CO2 storage.
The Top Contenders
- Solar: 354 patents and 6,074 claims
- Wind: 252 patents and 4,009 claims
- Hybrid vehicles: 211 patents and 3,108 claims
- Smart grid technologies: 33 patents and 649 claims
- CO2 storage: 17 patents and 430 claims
- Geothermal: 13 patents and 267 claims
Another possible indicator of patentable white space is the level of patent activity in a particular category (i.e., less “crowding” or the least “dense” area within the cleantech landscape for new technology developments). Based upon this indicator, geothermal technologies reflects the least crowding of the cleantech landscape and perhaps an area of opportunity for taking advantage of potential patent white space.
More than 17 percent of the patents were granted to individual inventors (down from approximately 18 percent in 2009 and approximately 22 percent in 2008, but still notably more than the 7.5 percent representation of individual inventors for all U.S. patents granted in 2010). The continued relatively higher rate of patents to individual inventors in the cleantech landscape continues to represent an area where new technologies may be available for licensing by corporate entities or others looking for an entry point in the cleantech field, or companies looking to expand an existing cleantech presence.
Consistent with the results from 2009 and 2008, the ratio of individual inventors to corporate entities was particularly high in the hydro/wave/tidal, geothermal, and wind categories.
Not surprisingly, again in 2010, corporate entities hold higher shares of patents in the categories of nuclear and hybrid vehicles, where market barriers to entry are relatively high.
Patent Pendency
The total number of days from filing of an application until grant of the patent for the U.S. patents in the cleantech landscape ranged from a low of approximately 835 days for hydro/wave/tidal patents to a high of approximately 1,339 for nuclear patents, with a total average pendency of approximately 1,090 days or 36.3 months (assuming 30 days per month). This result is slightly better (i.e., shorter) than the 40-month average for cleantech patents recently announced by the USPTO. In view of the long pendency and relatively high first action allowance rate, it may be worthwhile for patent applicants to seek accelerated examination of their patent applications.
Synopsis
Solar and wind held their lead as dominant technologies in the cleantech landscape throughout 2009, based on most patents granted.
Utility metering, biofuel, geothermal, and hydro technologies all reveal potential for licensing opportunities in addition to solar and wind, given their respective levels of patenting by individual inventors.
For companies and start-ups looking to patent clean energy innovations, solar, wind, hydro, utility metering, and CO2 storage are all showing room for expansion as indicated by first action allowance rates.
For those leveraging VC funding, hydro, biomass, hybrid, solar, wind, smart grid, meter reading, and fuel cell technologies are receiving continued interest from investors, based on the 2009 Patent VC Index.
