ABSTRACT
Much like computers and pharmaceuticals before it, clean technology is fast becoming a business sector defined by research, development, and intellectual property. Intellectual property is a term used to cover a variety of intangible exclusionary rights in inventions, trade secrets, and creative works. These rights may be protected by federal law (such as patents) or by state law (such as trade secrets). And for many green businesses, these rights form the foundation of the business’ opportunities and growth potential. However, opportunities remain, and both the public and private sector appear to have embraced creating new ways to develop and utilize green intellectual property. The companies providing their patents to the Eco-Patent Commons promise not to sue if anyone else uses their patent, as does the user, through a so-called defensive termination clause most typically seen in open-source software.
