Analysis of impacts of climate change on the grant and protection of patents related to the water industry

Abstract

Abstract Various inventions are presented in the water industry, essential for the water supply, distribution, treatment, storage, and consumption optimization. It is necessary to confirm their novelty, innovative steps, and industrial applicability to protect water-related patents. However, the impacts of climate change are not considered in the granting of patents, and water-related inventions are registered or rejected regardless of these impacts. For example, an invention that causes greenhouse gas emissions may be patented because it is new. This research addresses this significant challenge using a descriptive-analytical approach and a library-field method. Based on the results, it is necessary to impose strictness on inventions that aggravate climate change (29% of the inventions investigated) and protect inventions that adapt to climate change impacts (71%). Furthermore, it is possible to use the tool of compulsory licensing to adapt to climate change and reduce its negative impacts. Moreover, the patent offices should evaluate climate change impacts by examining innovative steps and industrial applications. An invention that has negative impacts will be deprived of patent protection and considered one of the limitations and exceptions. Also, it is necessary to provide new interpretations of protection elements of the patent system.