Over the last six years, a total of 2,796 biofuel related patents were published in the U.S., with the number increasing by over 150 percent in each of the past two years.

In 2007, the number of biofuel patents (1,045) was more than the combined total of solar power (555) and wind power (282) patents published in that year.

Patents by the numbers

From the biofuel related patents published in 2006 to 2007, we have analyzed the following technologies: agricultural biotechnology, biodiesel, biomass, ethanol and other alcohols, and enzymes.

The number of patents published in these technologies in 2006 - 2007 was biodiesel (299), agricultural biotechnology (110), ethanol and other alcohols (42), enzymes (35) and biomass (41).

We also assessed the number of cellulosic related patents published in 2006 to 2007 and found the following distribution: biodiesel (1), agricultural biotechnology (1), ethanol and other alcohols (4), enzymes (5) and biomass (5).

Broken down by ownership entity, the patents published in the selected technologies in 2006 to 2007 were 57 percent owned by corporate entities, 11 percent owned by universities or other academic institutions and 32 percent undesignated, where the patent applications do not list the patent owner.

Biofuel patents around the globe

The five countries, by location of the patent owning entity, with the highest number of biofuel patents in 2006 to 2007 were the U.S. (184), Germany (34), Japan (14), Italy (10) and France (10).

In the U.S., the patents were owned by 78 different entities. In Germany, Japan, Italy and France, the corresponding number was 14, 12, 14 and 5.

Biofuel patents around the U.S.

In the U.S., the five states with the highest number of biofuel patents were Missouri (41), California (25), Iowa (15), Illinois (13) and Minnesota (11).

In Missouri, biofuel patents were owned by seven different entities. In California, Iowa, Illinois and Minnesota, the corresponding number was 14, 1, 6 and 5.

Analysis

Our review has left us with the following impressions. First, if we assume that biofuel, solar power and wind power are the leading renewable energy technologies, then in 2007 biofuel patents clearly dominate renewable energy, in terms of sheer numbers.

Moreover, if we assume that biodiesel and ethanol and other alcohols are the leading biofuel technologies, then in 2007 biodiesel came in first place, with ethanol and other alcohols being a far second.

Looking to the future, as venture funding and government funding inside and outside of the U.S. increases, we expect that the number of biofuel patents will continue to grow steadily.

In the U.S. alone in 2007, venture entities invested $2.9 billion into the biofuel industry. This amount is expected to increase significantly within the country and around the world in the coming years.

In addition, the U.S. federal government has allocated, for 2008 to 2015, $500 million in grants under the Energy Independence and Security act of 2007 to promote the development of advanced biofuels.

We also expect that the number of agricultural biotechnology biofuel patents will significantly increase in the coming years as transgenic plant technology is directed to biofuel applications.

In the future, we also expect that legislation directed to climate change will strongly influence biofuel patents.

For example, the recently enacted Energy Independence and Security act of 2007 requires that 16 billion gallons of U.S. transportation fuel be cellulosic biofuel by 2022.

The act requires that by 2022, 21 billion gallons of U.S. transportation fuel be derived from sources other than traditional ethanol biofuel.

Accordingly, in the coming years, we expect to see an increase in cellulosic biofuel patents, and we also expect that traditional ethanol biofuel patents will continue to lag behind biodiesel patents in the future.

Ronald Kamis is a partner and Mandar Joshi is a technical specialist in the Washington, D.C., office of Baker & Daniels. Kamis counsels life sciences and renewable energy companies in patent matters. Joshi assists clients in the procurement of life sciences and renewable energy patents.

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