intellectual property and negative emissions technologies...© 2020 blank rome llp. all rights...
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© 2020 BLANK ROME LLP. ALL RIGHTS RESERVED. PLEASE CONTACT BLANK ROME FOR PERMISSION TO REUSE.
4th Annual North American Environment, Energy & Natural Resources Conference
August 18, 2020
Intellectual Property and Negative Emissions Technologies
Sean McDermottBlank Rome LLP
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Types of Patent Claims
• Article of Manufacture - Apparatus - System - Compound - Product • A ball point pen, comprising…• A system for assembling a ball point pen, the system comprising…
• Method – Process• A method for manufacturing a ball point pen, the method comprising…• A method for delivering ink to a substrate, the method comprising…
• Product by Process• A ball point pen assembled according to a method comprising…
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What Cannot Be Patented
• Abstract Idea (e.g., mental process, mathematical calculations)
• Law of Nature (e.g., method of diagnosing developmental disorders in mammals)
• Natural Phenomenon (e.g., method for detecting Mycobacterium tuberculosis)
• Product of Nature (e.g., breast and ovarian cancer susceptibility gene)
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Capture and Separation of CO2
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Technologies for Capture and Separation of CO2
•Biological separation•Chemical separation•Absorption•Adsorption•Membranes or diffusion•Rectification and Condensation
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Example Patent Claim for Carbon Capture Technology
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Example Patent Claims for Carbon Capture Technology
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Example Patent Claims for Carbon Capture Technology
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Vision of Carbon Capture Technology
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ExxonMobil collaborates on discovery ofnew material to enhance carbon capturetechnologyIRVING, Texas – Scientists from ExxonMobil, University of California, Berkeley and Lawrence Berkeley National Laboratory have discovered a new material that could capture more than 90 percent of CO2 emitted from industrial sources, such as natural gas-fired power plants, using low-temperature steam, requiring less energy for the overall carbon capture process.NewsJuly 24, 2020
https://corporate.exxonmobil.com/News/Newsroom/News-releases/2020/0724_ExxonMobil-collaborates-on-discovery-of-new-material-to-enhance-carbon-capture-technology
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Some Realities in Patenting Carbon Capture Technology
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US20090117024A1 “Process for the Production of Hydrogen with Co-Production and Capture Of Carbon Dioxide” by Bjarne Torgersen and Geoffrey Gerald Weedon
Technology: Rectification and Condensation
One of the Most Cited Patent References in this Technology:
Filed in US
Abandoned in 2011
Filed as an International Patent Application
Filed in EPO
Granted but Lapsed
Directed to pre-combustion process for producing 99.999% pure hydrogen with the co-production and capture of CO2
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CO2 Capture Patent Landscape
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Source: B. Li et al. / Applied Energy 102 (2013) 1439–1447.
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CO2 Capture Patent Landscape (by Technology)
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Rectification/Condensation
Membranes/Diffusion
Adsorption
Absorption
Chemical
Biological
By Capture Technology
Source: Míguez, J. et al. (2018). Evolution of CO2 capture technology between 2007 and 2017 through the study of patent activity. Applied Energy. 211. 1282-1296. 10.1016/j.apenergy.2017.11.107.
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Capture or Disposal of GHG (2007-2020)
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Publication Date
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Capture or disposal of GHG (N2O, CO2, Methane, PFC, HFC, SF6)
Source: Espacenet4th Annual North American Environment, Energy, & Natural Resources Conference
for Applications and Patents
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Capture or Disposal of CO2 (2007-2020)
14
Publication Date
Coun
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Cum
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ive
Capture or disposal of CO2
Source: Espacenet4th Annual North American Environment, Energy, & Natural Resources Conference
for Applications and Patents
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Comparison to Production Technology (e.g., Fracturing)
15
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E21B 43/00 Methods or apparatus for obtaining oil, gas, water, soluble or meltable materials or a slurry of minerals from wells
Source: Espacenet4th Annual North American Environment, Energy, & Natural Resources Conference
for Applications and Patents
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Comparison to Computer Security
16
Publication Date
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G06F 21/00 Security arrangements for protecting computers or computer systems against unauthorized activity
Source: Espacenet4th Annual North American Environment, Energy, & Natural Resources Conference
for Applications and Patents