The emerging role of patents in the deployment of alternative energy technologies

CHAL 28

Robert W. Fieseler, rfieseler@mhmlaw.com, McAndrews, Held & Malloy, Ltd, 500 W Madison Street, Suite 3400, Chicago, IL 60661
As alternative energy technologies evolve, developers will make ever greater use of patents. This presentation will explore the critical technical and cost issues involved in the deployment of hydrogen fuel cells in commercial vehicles, and the opportunities fuel cell developers will have to secure valuable patent rights for solutions to those issues. Filings under the Patent Cooperation Treaty (PCT) will be used to discern fuel cell patenting trends. The bulk of automakers' patent filings have not been in the technology-enabling areas of water management and hydrogen storage, or even in the cost-enabling areas of catalyst and membrane electrolyte composition and treatment. With the bulk of these companies' patent filings in system integration and fuel cell construction, significant opportunities remain for those developing water management and hydrogen storage techniques, which have the real potential to make fuel cells viable electric power generators for commercial vehicles. The immense profits derivable from overcoming these technology-enabling and cost-enabling issues will continue to motivate developers to acquire and assert their patent rights for these critical fuel cell technologies.