Hybrid Green Technologies And India's IP Law: Evaluating The Patentability of PCM-Embedded Terracotta Bricks in The Context of National Climate Goals
Year: 2025
Type: article
Abstract: This study critically examines the capacity of Indian Intellectual Property (IP) Law to protect and encourage hybrid green innovations, focusing on the specific case of Phase Change Material (PCM)-embedded terracotta bricks. As India strives to meet its 2070 net-zero carbon pledge, sustainable building materials that reduce reliance on energy-intensive cooling systems are crucial. This innovation merges traditional, culturally significant terracotta with modern PCM technology to create a composite material that passively regulates indoor temperatures, offering a climate-resilient solution for extreme climatic zones. The core investigation revolves around the doctrine of patentability under The Indian Patents Act, 1970. The research identifies a significant legal ambiguity: while robust, the Act’s stringent thresholds for novelty, inventive step, and non-obviousness are poorly suited for hybrid technologies that innovate by combining existing materials in novel, functionally interdependent ways. The study argues that a PCM-embedded brick, though revolutionary in its outcome, may be vulnerable to rejection as a mere "arrangement of known integers" by patent examiners and courts applying a strict, traditional interpretation. This creates a regulatory gap that risks stifling precisely the type of sustainable innovation India needs. Consequently, the study concludes that mere incremental application of existing law is insufficient. It calls for proactive doctrinal evolution and policy-level adjustments within the Indian IP regime. This could involve adopting a more flexible approach to assessing the inventive step in green technologies or creating new sui generis protection categories. Aligning IP jurisprudence with national climate commitments is essential to foster an ecosystem where interdisciplinary, sustainable innovations can thrive and receive adequate legal protection.
Author: Podder, Sumanta Narayan Podder
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7081672586
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