Eco-Patents at the Crossroads Between Technological Neutrality and Environmental Sensitivity.

This article examines the tension between maintaining technological neutrality in patent law and adapting the patent system to prioritize environmental sensitivity, particularly through eco-patents—innovations that provide environmental benefits such as reducing emissions or improving energy efficiency. It analyzes two key issues: the desirability of introducing accelerated examination procedures for eco-patents at national and European levels, and the possibility of denying patentability to highly polluting inventions based on ordre public considerations or specific provisions like Article 81quinquies of the Italian Intellectual Property Code. While some countries have implemented fast-track procedures to incentivize green innovation, the article highlights challenges including definitional ambiguities of eco-patents, fragmented international practices, and the limited applicability of ordre public exclusions to polluting technologies. It concludes that although the patent system was not originally designed to address environmental concerns, evolving legal interpretations and harmonized incentives—such as a unified European fast-track regime—could enhance the role of patents in supporting sustainable innovation, while recognizing that complementary regulatory measures outside patent law remain necessary to effectively discourage environmentally harmful inventions.