Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.
In this five-part series on Fast Tracks and Green Gaps: The IP Race in Global Agri-Tech Innovation, we explore how Canada is supporting climate-resilient agri-tech through IP incentives (and what challenges remain) and compare Canada’s approach to developments in the United States and the European Union and the potential impact of these regimes on agri-tech innovators. We will also examine the recent United States Patent and Trademark Office (USPTO) decision to cancel its green tech accelerated patent examination program, analyzing what this policy shift could mean for Canadian strategy (particularly in carbon-capture agri-tech) and for international competitiveness.
Canada has emerged as a proactive supporter of green innovation in agriculture, using its IP system to encourage climate-resilient agri-tech. In fact, Canada consistently ranks among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This leadership is no accident as it reflects deliberate policies and incentives aimed at helping innovators protect their climate-friendly inventions.
One key initiative is the Canadian Intellectual Property Office (CIPO)’s Green Technologies Program. This program allows patent applications for “green” technologies to be fast-tracked at no additional cost. In practice, that means if a startup develops a new irrigation system that saves water or a soil additive that cuts greenhouse gas emissions, they can request an accelerated examination of their patent. Normally, obtaining a patent can take years, but under the Green Technologies Program a first examination report can be expected in as little as three months, versus the typical 14–24 month wait under the standard process. By speeding up patent grants, Canada’s program helps innovators secure IP rights faster, which can be a major advantage for startups looking to raise investment or enter the market quickly.
Importantly, CIPO does not charge the usual fee for expediting a patent and the only requirement is a simple statement explaining how the invention helps the environment. CIPO’s criteria are broad and any technology that can reasonably be expected to benefit the environment or mitigate environmental harm is eligible. This means a wide range of agri-tech innovations can qualify, from renewable energy devices for farms to new crop varieties bred for climate resilience. Notably, CIPO does not aggressively police the environmental claim. They will grant the fast-track status as long as the request is made in good faith. This light-touch approach encourages innovators to take advantage of the program.
The benefits of Canada’s fast-track patent program for agri-tech startups include the ability to attract investors with an issued patent (or at least a favorable early examination report). An issued patent signals that an innovation is unique and protected, giving investors more confidence, which can facilitate licensing deals and make it easier to raise capital. On the broader level, accelerated patenting can also speed up the spread of knowledge. Once a patent is published and granted, other researchers can learn from it. Interestingly, fast-tracked green patents tend to be cited more than twice as often as regular ones in the first few years, suggesting faster examination accelerates knowledge diffusion in green technology. This is good news for agri-tech research institutions and universities, which often rely on published patents as a source of technical information to build upon.
| Incentive | Canadian Intellectual Property Office | United States Patent and Trademark Office | European Patent Office |
| Green technology specific patents | Yes | No | No |
| Fast-tracking | Yes | No | Yes |
| Additional cost | No | Yes | No |
Despite these advantages, there are practical (or strategic) considerations. Surprisingly, only a small percentage (1–2 percent) of eligible Canadian patent applications actually use the green fast-track. Many innovators still opt for the regular route for strategic reasons. Sometimes it’s beneficial for a patent application to not be granted too quickly. Keeping an application pending allows the inventor to refine claims or delay costs. As global studies show, applicants often accelerate only when it’s truly needed (for instance, if a competitor is close on their heels or if they need a granted patent to secure a deal). Another consideration is that agri-tech innovators must decide what form of IP protection best suits their invention. In some cases, a patent is ideal. In others, they might use Plant Breeders’ Rights (a form of IP protection tailored for new plant varieties) or trade secrets (for example, if the innovation is a proprietary process or formula kept confidential). Navigating these choices and the costs associated with IP (patent filing fees, attorney fees, etc.) can be challenging for startups. Canada has supportive programs like innovation grants to help small businesses with IP strategy, but integrating those with climate innovation goals is a work in progress.
Canada’s current approach marries a patent-friendly environment with specific green incentives. The accelerated patent examination program is a clear incentive for climate-focused agri-tech, aiming to remove IP hurdles and get innovations to market faster. Next, we’ll see how this compares to what’s happening in the United States and Europe.