Fast Tracks and Green Gaps Part III: Green Without the Label: Europe’s Pragmatic IP Approach to Agri-Tech Innovation

Written By Lorelei Graham

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property (IP) incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office (EPO).

Instead, the EPO, which grants patents that can cover most EU countries, offers acceleration options but without singling out green technologies. Any patent applicant (in agri-tech or otherwise) can request faster processing through programs like PACE (a procedure to expedite examination on request) or via the Patent Prosecution Highway (PPH) if they have a favorable examination from another country. These routes are technology-agnostic, meaning a patent for a climate-smart irrigation system gets no special priority over a patent for any other invention, unless the inventor specifically asks for acceleration (and even then, it’s subject to the EPO’s workload capacity). The philosophy in the EU is more about equal treatment: the EPO focuses on reducing backlogs generally and improving overall speed and quality, rather than dedicating a program to green tech alone.

Patent Support for Green Innovation in Agriculture

That said, several European countries individually have introduced their own green patent fast-tracks. The United Kingdom (UK) was a pioneer. The UK Intellectual Property Office started a “Green Channel” in May 2009 to accelerate eco-friendly inventions. Under the UK Green Channel, if an inventor provides a brief statement of an environmental benefit (for example, a farming technology that reduces fertilizer runoff), they can request accelerated search and examination of their UK patent application. This program has been quite popular, with around 20 percent of eligible patent applicants in the UK having used it, which is a much higher uptake than seen in Canada or the United States. Similarly, other European national offices like Germany, France and others have instituted various green acceleration schemes or pilot programs over the past decade (as part of a global trend where at least a dozen IP offices worldwide established green fast-tracks since 2009). These national programs vary in requirements and usage, but the common thread is encouraging local green innovation by speeding up patents.

A Focus on Climate Technologies

From the EU policy perspective, there’s also an emphasis on open innovation and knowledge sharing for climate technologies. The European Commission has explored ways to balance IP protection with the need for rapid dissemination of green solutions. While strong patent protection can incentivize research and development (by rewarding inventors with exclusive rights), the EU is mindful that overly restrictive IP could also slow the adoption of crucial technologies across borders. For instance, the EU has mechanisms for patent licensing and is generally supportive of initiatives like WIPO GREEN, a platform that connects providers of green technologies (and their IP) with those seeking solutions. We also see discussions in Europe about possibly easing access to key green technologies for developing countries, and even the idea of patent pools or pledges where companies voluntarily license green patents royalty-free to spread climate solutions faster. These are not formal EU programs, but they influence how European research institutions and startups think about IP. The strategy might sometimes involve sharing certain innovations openly (especially if supported by public funds), while patenting others that require private investment.

What Startups Can Expect in Europe

In practical terms, what can a Canadian or US agri-tech startup expect in Europe? If they file a patent through the EPO, they will not find a special green fast-track at the EPO level, but they can, however, request accelerated examination (PACE) for free. Additionally, the new Unitary Patent system in the EU (launched in 2023) now allows a single patent grant to be effective across many EU countries, potentially making it easier and cheaper for innovators to protect inventions Europe-wide. This is a general improvement in the patent landscape that benefits agri-tech innovators by simplifying their IP strategy in the EU. Therefore, while Europe may not brand its patent process with a green label, it is working on streamlining IP processes and supporting green R&D through funding. The result is that European agri-tech startups and research institutes are encouraged to innovate for sustainability, backed by a robust (if not specifically preferential) IP system.

Summing it Up

In contrast to the United States, which had a targeted program and then canceled it, and Canada, which maintains one, Europe’s approach is more integrated into the overall system. This diversity in approaches sets the stage for the next part of our discussion: how the United States Patent and Trademark Office’s recent policy change might ripple through and affect strategies in countries like Canada, and what it all means for the global agri-tech innovation race.

Part II of Fast Tracks and Green Gaps looks at Innovation Interrupted: What the End of the USPTO’s Green Program Means for Agri-Tech.

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