Innovation and technological advancements are pivotal forces driving modern economies, influencing industries and societies across the globe. Patents, as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. The patent landscape, however, is constantly evolving, driven by emerging technologies, global challenges, and shifting regulatory frameworks. As we move through 2024, several key patent trends are reshaping the future of innovation. This article explores five critical trends that will define the patent landscape in the coming years.

• Increasing Focus on Sustainability and Environmental Impact:

In 2024, the patent landscape is increasingly influenced by the global push towards sustainability and environmental responsibility. Companies and inventors are prioritizing green technologies, aiming to reduce carbon footprints and promote eco-friendly practices. This shift has sparked a surge in green technology patents, covering innovations aimed at reducing environmental impact, such as renewable energy sources, energy-efficient materials, carbon capture technologies, and sustainable manufacturing processes. They comply with:

• Growth of Clean Energy Patents: One of the most prominent areas for sustainability-driven patents is the clean energy sector. Innovations in solar, wind, and hydroelectric power have led to an increase in patent filings related to energy generation and storage.
• Circular Economy and Waste Reduction: The circular economy concept, which emphasizes reducing waste, reusing materials, and recycling, is also influencing patent trends. Companies are increasingly seeking patents for technologies that enable recycling, biodegradable materials, and waste-to-energy processes. Such advancements not only address environmental concerns but also present lucrative opportunities for businesses that can capitalize on sustainable innovation.

The emphasis on sustainability is not just a moral imperative but also a strategic business move. Consumers and investors are increasingly favouring companies with strong environmental credentials. As a result, businesses are leveraging patents to secure their innovations in green technology, ensuring they stay competitive in a market that values sustainability. This shift is also supported by government policies and international agreements aimed at reducing greenhouse gas emissions and promoting sustainable development.

• Rise of Artificial Intelligence and Machine Learning Patents:

Artificial Intelligence (AI) and Machine Learning (ML) continue to revolutionize various industries, and this is reflected in the patent filings. AI and ML patents are among the fastest-growing categories, with applications spanning from healthcare and finance to autonomous vehicles and smart cities. These patents cover a broad range of innovations, including algorithmic improvements, AI-driven hardware, data processing techniques, and applications across different sectors.

• AI-Driven Innovation in Healthcare: AI’s impact on healthcare has been particularly profound, with numerous patents focusing on AI-powered diagnostics, drug discovery, and personalized medicine. Machine learning algorithms capable of analyzing medical data and providing diagnostic recommendations have the potential to revolutionize patient care. In 2024, there is a growing number of patents related to AI applications in radiology, pathology, and genomics. These innovations can enhance the accuracy of medical diagnoses, reduce healthcare costs, and accelerate the development of new treatments.
• Intellectual Property Challenges in AI: However, the rise of AI patents has also raised several challenges in the intellectual property (IP) landscape. One key issue is the question of inventorship of AI system. While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues. As AI technologies evolve, regulators and lawmakers may need to revisit patent laws to accommodate the unique challenges posed by AI innovation.

One notable trend is the increasing number of patents related to AI ethics and governance. As AI systems become more integrated into daily life, concerns about bias, transparency, and accountability are prompting innovators to develop solutions that address these issues. Patents in this area focus on methods to ensure fair and unbiased AI decision-making, as well as frameworks for AI governance and compliance.

• Surge in Biotechnology and Pharmaceutical Innovations

The biotechnology and pharmaceutical sectors are experiencing a significant uptick in patent filings, driven by the ongoing need for medical advancements and the recent global health challenges. Innovations in gene editing, personalized medicine and vaccine development are leading the charge. The COVID-19 pandemic has underscored the importance of rapid and effective medical responses, spurring a wave of patents aimed at improving healthcare outcomes.

• CRISPR and Gene Editing Patents: CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) technology, which allows precise editing of genes, has revolutionized biotechnology. CRISPR-based patents have exploded in recent years, covering applications in agriculture, medical research, and therapeutic development. In 2024, patent activity related to CRISPR is expanding into new areas such as gene therapies for rare diseases, cancer treatments, and agricultural biotechnology aimed at creating more resilient crops.
• The success of mRNA vaccines during the COVID-19 pandemic has opened new avenues for pharmaceutical innovation. mRNA technology is now being explored for a wide range of applications beyond infectious diseases, including cancer immunotherapy, rare genetic disorders, and autoimmune diseases. Patents related to mRNA-based therapeutics and delivery systems are expected to rise, as pharmaceutical companies invest in this promising technology to develop next-generation treatments.

These technologies hold the promise of treating genetic disorders and advancing agricultural biotechnology. Patents in this field are not only focused on the methods and tools for gene editing but also on the ethical and regulatory aspects, ensuring that these powerful technologies are used responsibly.

• Evolving Landscape of Intellectual Property Rights

The intellectual property (IP) landscape is continually evolving, influenced by changes in legislation, court rulings, and international agreements. In 2024, several key developments are shaping the way patents are filed, enforced, and litigated.

• Patent Eligibility and Emerging Technologies: One of the key challenges facing patent law is determining the patent eligibility of emerging technologies. As new fields such as quantum computing, synthetic biology, and AI continue to develop, patent offices are grappling with how to apply existing legal frameworks to these cutting-edge innovations. For instance, determining the patentability of software and algorithms remains a contentious issue, with courts around the world issuing varying rulings on the subject. This uncertainty has prompted calls for clearer guidelines on patent eligibility for emerging technologies.
• Open Innovation and Collaborative IP Models: The traditional model of IP protection, which emphasizes exclusivity, is also being challenged by the rise of open innovation and collaborative models. In industries such as biotechnology, pharmaceutical research, and software development, companies are increasingly sharing IP through licensing agreements, cross-industry partnerships, and open-source platforms. These collaborative approaches allow for faster innovation, particularly in complex fields where breakthroughs often require interdisciplinary expertise.

This trend is aimed at simplifying the patent process for global companies and reducing the legal uncertainties associated with cross-border patent enforcement. Efforts by organizations such as the World Intellectual Property Organization (WIPO) are crucial in this regard, promoting international cooperation and standardization of IP laws.

• Globalization and Harmonization of Patent Systems

The globalization of markets and the interconnectedness of economies are driving the need for a more harmonized patent system. Companies operating in multiple countries face the challenge of navigating different patent laws and regulations. In response, there is a concerted effort to streamline patent processes and create a more unified global patent system are as follows:

• Patent Cooperation Treaty (PCT) and International Collaboration: The Patent Cooperation Treaty (PCT), which facilitates the filing of patents in multiple countries, remains a critical tool for global patent protection. In 2024, the PCT system is seeing increased usage as companies seek to protect their innovations in a broader range of markets. Additionally, international collaboration on patent harmonization is gaining momentum, with organizations such as the World Intellectual Property Organization (WIPO) working to streamline patent filing processes and reduce administrative burdens for inventors.
• Challenges of Patent Enforcement in a Globalized World: While globalization offers opportunities for expanding patent protection, it also presents challenges, particularly in enforcing patents across different legal systems. Companies face difficulties in ensuring that their patents are respected in countries with varying levels of IP protection and enforcement. Counterfeiting, patent infringement, and the unauthorized use of patented technologies are persistent problems in regions with weaker IP enforcement mechanisms. Addressing these challenges will require greater international cooperation and stronger enforcement mechanisms.

Harmonization efforts include initiatives to align patent examination procedures, reduce duplication of efforts, and facilitate mutual recognition of patents. These efforts are particularly beneficial for small and medium-sized enterprises (SMEs) that may lack the resources to manage complex international patent portfolios. By simplifying the patent process, harmonization helps foster innovation and encourages the dissemination of new technologies across borders.

• Blockchain Technology and Patents:

Blockchain is an immutable ledger that records and processes assets for business entities. It facilitates digital currency like Bitcoin. It acts as a digital ledger for recording cryptocurrency transactions. According to a data, worldwide patent registration for block chain technology has increased significantly since 2019, with around 14000 patents being registered in 2020 by:

• Decentralized Patent Management and Licensing: In 2024, blockchain will streamline patent processes by creating transparent, global patent ledgers and automating tasks like patent filing and licensing through smart contracts. This will reduce administrative burdens and enhance cross-border patent collaboration.
• Proof of Innovation and Enforcement: Blockchain will provide immutable, time-stamped proof of invention and facilitate better patent enforcement, reducing patent trolls and disputes. It will also enable tokenization of patents for easier trading and new revenue models for inventors.

Since blockchain technology is primarily based upon computer programme and algorithms, it might be difficult to obtain a patent in India because of the existence of Section 3(k) of the Indian Patents Act 1970, which primarily prohibits commuter programme from being patented unless they have any technological advancement. India is still speculating its stand on block chain technology and bitcoin and is therefore lagging behind other countries with the number of patents.

• Internet of Things:

The Internet of things (IoT) is a network of devices that are connected over the internet and share data. Over time, IoT has become not just an interconnection of computers but rather a network of devices like automobiles, smartphones, appliances, etc. According to the McKinsey study, the potential economic impact of IoT is likely to increase from 2.7 trillion to $6.2 trillion per year by 2025 with applications in healthcare, manufacturing, power, urban infra-structure, security, vehicles, and agriculture. From 2004 to 2013, the number of patent applications was found to be 21,956, with ZTE (China) as the top applicant. In a study conducted by the National Association of Software and Service Companies, around 5000 patent applications were submitted from 2014 to 2019, with 80% of them related to industries and the rest to healthcare. This rise in India and the world can be attributed to the accessibility and affordability of smart devices. IoT functions on software programs, and according to Section 3(k) of the Patents Act 1970 they are not patentable. However, patentability can be granted if the programs are connected with hardware devices like smart phones, etc. Patentability of IoT inventions might be difficult due to the presence of Section 3(k) in Indian patent law.

In Conclusion: Navigating the Changing Patent Landscape

The landscape of innovation is rapidly evolving and is not limited to the seven key trends we explored. Metaverse and virtual reality related patents are on the rise. These trends possess both challenges and opportunities for the industries to navigate. As we move through 2024, the patent landscape is undergoing significant transformations, driven by advancements in technology, evolving IP laws, and global challenges such as sustainability and globalization. Inventors, businesses, and policymakers must stay abreast of these trends to navigate the changing IP environment effectively. The increasing focus on sustainability, the rise of AI and biotechnology, and the challenges of patenting emerging technologies highlight the dynamic nature of innovation. At the same time, the globalization of innovation, Blockchain technology and IoT are reshaping how patents are filed, enforced, and protected.

In this rapidly changing environment, a proactive approach to patent strategy is essential. Businesses must not only innovate but also adapt to the evolving IP landscape to protect their inventions and capitalize on emerging opportunities. By staying informed of the latest patent trends and adopting flexible IP strategies, companies can continue to thrive in the competitive world of innovation by gaining a competitive edge, and contribution to a more sustainable and technologically advanced future.

Written by Sarren Muhil & Khushee Runthala, assessment interns @Intepat IP.