PLACING A GLOVE ON THE INVISIBLE HAND: HOW INTELLECTUAL PROPERTY RIGHTS MAY IMPEDE INNOVATION IN ENERGY RESEARCH AND DEVELOPMENT (R&D)

Contrary to the impassioned view that strong intellectual property rights always spur innovation, this Article focuses on how a host of intellectual property barriers may impede the diffusion of renewable energy technologies, clean coal systems, and alternative vehicles. High transaction costs, legal and structural problems at the U.S. Patent and Trademark Office, cognitive biases, anti-competitive patent techniques, and disintegrating government-university-industry partnerships can prevent the innovation and diffusion of clean energy technologies. Quick and decisive action may be warranted to overcome these barriers if greenhouse gas reducing energy systems are to reach commercialization.