Journal of Intellectual Property Law


There is an abundance of frightening data painting a grim picture of Earth’s future. Humans have undoubtedly left a carbon footprint so deep, it will take drastic measures to undo our damage. To continue enjoying life as we know it, we humans must shift our focus to the powerful minds of creators and engineers to find ways to untangle our manmade webs. To generate interest and attract the best and brightest to do the challenging and time-consuming work of environmental inventions, the first step is to provide a greater incentive. This note calls upon the U.S. Patent and Trademark Office to extend the Patent Term Restoration Act of 1984 to include environmental inventions. Granting this extension will build back into the invention’s patent life the time lost due to testing and permitting requirements and guarantees the inventor the full spoils of their toils.