On the Green Patent Blog, covering intellectual property issues in clean technology, patent attorney Eric Lane follows up that article with a post headlined "More on Gratis Greentech: A Proposal for Expanding the Eco-Patent Commons" where he writes:

Whether or not you agree with her argument about issued patents, her idea of adding invention disclosures to the Commons would almost certainly benefit the initiative and its participants by increasing the value and utility of the available green technology. Of course, no independent or targeted donations to the Commons would be necessary because enabled invention disclosures are by definition in the public domain and available to everyone. Instead, to make the technology available to greentech firms, it would just need to be made accessible via the Commons. Broadly, Cronin’s idea could be implemented in one of three ways. Either companies who publish environmentally-beneficial technology in these disclosures could provide the publication information or citations to the Commons, the Commons itself could monitor the disclosure publications, or the publications could alert the Commons of relevant published disclosures. However it’s done, I can’t argue with increasing green idea and technology sharing.

Defensive Publishing denotes the disclosure of an invention with the purpose of creating prior art, and thus to prevent the granting of a patent. Regarding a worldwide initiative to "promote the progress" in the interests of the global environment, as envisioned by the the Eco-Patent Commons--beyond patents--including innovation and inventions not before patented, one must consider the different effects of "prior art" in various patent jurisdictions around the world.

In a  recently published Working Paper titled "Alternatives to the Patent Arms Race: An Empirical Study of Defensive Publishing", Joachim Henkel and Stephanie Pangerl note the differences between the European Patent Convention and US patent law.

US patent law is somewhat more restrictive in its definition of state of the art by excluding from patentability only those inventions that were “known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent” (US Patent Act, Section 102a). Public use in Europe would thus not be sufficient to establish prior art in the US. In addition, use or description of the invention must have taken place before the invention by the applicant or, as Section 102.b specifies, one year or more before filing of the application. This “first-to-invent” rule has an ambiguous effect on the attractiveness of defensive publishing. On the one hand, a DP may not pre-empt a patent application if the latter is filed less than 12 months after the DP and if it claims an earlier date of invention. In such a case, a DP might even trigger a competitor’s patent application. On the other hand, a DP can help to establish priority for an inventor, who maintains the option to file for a patent within the following year.

Consistent with the objectives of the Eco-Patent Commons, any similar system of technical disclosure publication should go beyond existing defensive publishing strategies to include a legally binding waiver of any option to file for a patent within the year following such publication.

We'd propose a definitive publication system for technical disclosures of eco-friendly innovations that would effectively relinquish all rights of the publisher to apply for a patent of the invention disclosed, anywhere in the world, anytime in the future.

They will be joined by Cisco's Sue Bostrom, EVP, Chief Marketing Officer, in a Cisco TelePresence session before a live audience at VoiceCon to examine the critical role that technology and innovation can play in mitigating climate change. Some topics they will cover include: the latest observations of the effects of global warming and the impact of information technology; how businesses can reduce greenhouse gas emissions through innovation; and, how the technology industry can help create the most sustainable model for addressing global climate change.

Someone might care to ask if Cisco plans to join IBM, Nokia, Pitney-Bowes and Sony in the Eco-Patent Commons announced a few weeks ago.

While we're on the topic, and have the former Vice President's ear, we wonder what Al Gore thinks of the Eco-Patent Commons and the recent paper "A New Mindset for Corporate Sustainability", sponsored by Cisco and BT that  reportedly concluded:

Organisations that wish to grow profitably in the future must focus their efforts to benefit shareholders, society and the environment simultaneously. Concentrating on any one of these areas at the expense of the other two may compromise a business's long-term success. A focus on sustainability provides the best means to implement this triple-pronged strategy simultaneously, enabling organisations to innovate, differentiate themselves and succeed.

Among the 10 steps to turning your company into a sustainability-driven innovator identified by the study and listed in this paper, we note this:

9. Join the networks
A growing number of organisations, networks and other bodies dedicated to encouraging sustainable business are emerging. Get involved with groups such as the World Business Council for Sustainable Development, the UN Global Compact, the International Business Leaders Forum and similar local bodies. Take part in sustainability investment rankings and monitors such as the Dow Jones Sustainability Indexes and the Corporate Responsibility Index.

That's probably a good indication that we might expect Cisco to contribute to the Eco-Patent Commons, too.

Notably, while the academic team collaborating to produce the paper "A New Mindset for Corporate Sustainability" met in person several times, apparently no international travel was required. Using Cisco TelePresence, the high-definition virtual meeting solution, the group was able to come together and discuss their research as though in a conventional face-to-face meeting, whilst reducing travel so as to minimise any negative environmental effects of the collaboration.

With the launch of the Eco-Patent Commons earlier this week, four companies -- IBM, Nokia, Pitney-Bowes and Sony -- joined with the World Business Council on Sustainable Development to do something almost unprecedented: they agreed to relinquish their control over inventions that could benefit the planet in order to spur innovation for the greater good.

Thus begins the transcript of a very interesting podcast interview with IBM's Vice President of Environmental Affairs, Wayne Balta, on GreenBiz Radio.

Wayne Balta: The Eco-Patent Commons is a first of its kind initiative under which we at IBM and some other like-minded companies are partnering with the World Business Council for Sustainable Development to create a place where patents related to the environment can be pledged by the patent holder so that others around the world can access them and use them free of charge.

The basic premise here is that in the environmental arena, sharing knowledge and technology has the great potential to better address the world's problems. That there exists no organized way today to do this on a global basis. That leading businesses may hold patents that are not an essential source of business income to them. And that by sharing them with others on a global basis, both developed and developing countries, it can help people develop in a more sustainable way. And for those who pledge the patents it might also need to lead to new opportunities for innovation and collaboration with others, whom you might not otherwise reach.

...you know, pledging patents for free use by others is not necessarily a common way companies think about their portfolio of intellectual property and we at IBM recognize that. Now, we at IBM probably have as much or more experience as anyone with this because we have also done prior patent pledges. So we recognize that as we've spoken to others about the idea that it isn't something that you're innately thinking of doing. But as people think through the best use of some of this IP and the opportunities that could come out of a commons like the one we're creating, many have realized and others I believe will realize that it can be a win-win situation.

It can be a win for innovators in other parts of the world, who might look at these ideas and further them and use them as the basis of additional solutions. And it can be a win for those who pledge because it could open up opportunities to collaborate with people that you might not otherwise have collaborated with.

In a joint press release, other member companies of the Eco-Patent Commons today issued the following statements:

Donal O’Connell, Director of Intellectual Property, Nokia, said, “Environmental issues have great potential to help us discover the next wave of innovation because they force us all to think differently about how we make, consume and recycle products. From Nokia we have pledged a patent designed to help companies safely re-use old mobile phones by transforming them into new products like digital cameras, data monitoring devices or other electronic items. Recycling the computing power of mobile phones in this way could significantly increase the reuse of materials in the electronics industry.”

Angelo Chaclas, Vice President & Deputy General Counsel, Intellectual Property and Technology Law at Pitney Bowes, said, “The Eco-Patent Commons offers an effective framework to develop and make available technology that helps combat climate change and reduce the release of carbon dioxide. Our objective for the Eco-Patent Commons is to promote the spread of environmentally conscious technologies that make conservation and preservation a priority.”

Hidemi Tomita, General Manager of Sony Corporation’s Corporate Social Responsibility Department, said, “To more effectively protect the environment, it is time for business to join efforts rather than tackling the issue alone. We truly believe this joint effort with our peers will mark a significant step and help transfer innovative ideas and technologies across industries and beyond to developing countries. We are excited to launch this platform to share technologies that will bring about positive changes in the environment.”

These ideas are exemplary of a new wave of thinking described in a recent blog post on Open Innovators. "Companies need to get a lot better at bringing external ideas and knowledge in from the outside, while at the same time allowing internal ideas not being used to flow outside the organization."

The World Business Council for Sustainable Development (WBCSD) is a CEO-led, global association of some 200 companies dealing exclusively with business and sustainable development. The Council provides a platform for companies to explore sustainable development, share knowledge, experiences and best practices, and to advocate business positions on these issues in a variety of forums, working with governments, non-governmental and intergovernmental organizations. Members are drawn from more than 35 countries and 20 major industrial sectors.

Get the FAQs and download the Brochure of the Eco-Patent Commons in pdf here.

At IP.com Inc., we'd like to get involved in support of the Eco-Patent Commons project to expand this initiative to include the sharing of innovative ideas and technologies that directly or indirectly protect the environment, which have not yet been patented but are otherwise in the prior art and knowledge of the member corporations, the scientific community, and academia.

IP.com's Prior Art Database technology could be made readily available, free of charge, as a customized repository of  global innovation in support of the Eco-Patents Commons. How amazing would that be?