Ympäristöystävällisten keksintöjen nopeutettu patentointi PK-yritysten näkökulmasta

This article examines the potential of accelerated patent examination, the so called fast track -system, to incentivize the development and diffusion of environmentally friendly technologies. Fast track -system is one of the few adopted IPR-related measures to incentivize the innovation of environmentally friendly technologies, and several national intellectual property offices around the world have introduced different applications of the system.

The article analyses various national applications of the system and the system’s merits and weaknesses particularly relative to small and medium-sized enterprises (SMEs) as they have a notable potential to sustainable innovations. Based on this analysis, the article assesses possibilities to develop the system into more efficient when it comes to innovation and deployment of environmentally friendly technology.

The article finds that the fast track -system per se is an appropriate tool to accelerate the development and diffusion of environmentally friendly technologies. However, the attractiveness and thus the societal benefits of the system could be increased by improving the system. This could mean, for example, unifying national requirements set for different fast track -systems, light procedural requirements or substantive requirements aimed expressly at environmentally friendly technologies. Additionally, binding elements could be included in exchange for strong additional incentives, or the patenting costs could be lowered, and counselling and guidance included in the system. Nevertheless, fast track -system is only one means among others to integrate sustainability approaches in the intellectual property system.