Role of patent law to promote sustainability transitions with plastics

This chapter examines how patent law can promote sustainable technologies and innovations, both in general and in the context of plastics in particular. As the patent system directs investment to certain kinds of technical inventions - and entitles patent holders to exercise control over third parties’ activities - this entitlement is relevant in terms of which technologies are developed and used in the market. Accordingly, the patent system plays a critical role in promoting sustainable transitions in plastic design and use. First of all, the chapter sheds light on key aspects of patent law under which sustainability issues might arise. These include the conditions of patentability, exceptions and limitations to patentees’ exclusive rights, as well as infringement and licensing issues. Secondly, the chapter pinpoints specific novel practices and policy solutions that could be particularly useful in fostering a transition towards a patent system that better promotes sustainability in the plastics context and beyond.