Greentech Patents: Why So Much Interest in Fuel Cells?

The scramble for patents in green technology continues to grow and, again, fuel cells are proving to be quite popular.

Law360 took a look at a survey from Albany's Heslin Rothenberg that found that 274 patents were granted in the U.S. in the second quarter, up from 261 in the same period in 2008. 928 clean energy patents were issued in the U.S. in 2008 and a larger number are expected this year. 156 of the patents were for fuel cells in the second quarter of 2009 and 43 related to wind. Only 36 related to solar.

Last year, officials from the European Patent Office released the results of their own survey. Fuel cells accounted for 50 percent of the applications from 1998 to 2007. Wind was second.

It might strike you as odd. Fuel cells have had a difficult time coming to market. Although a few companies sell large-scale fuel cells, the market for automotive and portable fuel cells is moribund.

Fuel cells, though, could play a critical role in energy storage, the favorite potential market today. The number of patents conceivably could reflect the comments among scientists and investors that a storage breakthrough remains the "Google" opportunity in greentech.

Fuel cells also rely on novel membranes and other materials, the kind of things that the patent office exists to protect. And, as with wind, there is a certain level of mechanical engineering involved, again the sort of things the patent office exists to protect. History may play a part too: much of the world's fuel cell research began when fuel cells seemed to have a far brighter future.