Plan is insufficient to overcome any of our warrants
Tur-Sinai 18 (Ofer Tur-Sinai, * Associate Professor of Law, Ono Academic College (Israel). LL.B., PH.D, Hebrew University of Jerusalem; LL.M., Columbia University. “PATENTS AND CLIMATE CHANGE: A SKEPTIC’S VIEW” Environmental Law Vol 48:211. Accessed 7/9/2024. https://law.lclark.edu/live/files/25769-10tojcitur-sinaipdf) wtk
The analysis reveals that the patent system is far from an optimal incentive mechanism in the environmental domain, and thus, it cannot be trusted to adequately promote the development of climate change technologies. In various contexts—ranging from upstream innovation to green end-products—it appears that the reliance of patents on the market in rewarding inventors, coupled with other factors, may lead to a systematic failure of the patent system to adequately promote innovation in this field. Notably, the inherent limitations of a market-based platform discussed in this Article cannot be addressed by amending patent doctrine or revising the patenting process.