Hogan Lovells IP Issues in Hydrogen - Flipbook - Page 1
IP Issues in Hydrogen:
Manufacturing, Energy, and Industrials
What’s happening
• Use of hydrogen as a substitute for fossil fuels will drive
increased demand for hydrogen.
• The EPO is tracking several hundred patent families in
hydrogen production, noting rapid growth in innovation in
electrolysis and a decrease in patenting hydrogen
production from fossil fuels.
• The U.S. Department of Energy is monitoring several
hundred patents granted in hydrogen production and
delivery and hydrogen storage.
• Green hydrogen (produced with renewable energy) and
blue hydrogen (produced with gas but coupled with
carbon capture and storage, resulting in net zero carbon)
are important considerations for low- or no-carbon
energy as companies seek emission reductions that
cannot be satisfied solely through renewable energy and
battery storage.
• Key hydrogen use cases fall within the energy and
industrial sectors, including energy storage,
transportation, and generation, oil refining, ammonia
production, methanol production, and steel production.
Hydrogen usage is being tested in additional industries
such as concrete production.
• The global hydrogen economy is experiencing significant
growth with over 1,400 large-scale hydrogen projects
announced as of December 2023.
Why
• Regulators globally are tightening emissions standards.
Hydrogen is uniquely positioned across multiple sectors to
enable zero or near-zero emissions in chemical and
industrial processes and integrated clean energy systems.
• Technology development motivated by climate concerns is
spurring growth in hydrogen production, including from
electrolysis; carbon capture, utilization and storage (CCUS);
and bioenergy (such as biomass gasification).
• Both green hydrogen and blue hydrogen are carbon-free
resources that can play a key role in the clean energy
transition.
• The financial incentives for hydrogen projects offered by
the U.S. Inflation Reduction Act, coupled with the U.S.
Department of Energy’s Hydrogen Hubs initiative, have
sparked significant interest in the industry in the U.S.
Why it matters
• Patent issues are increasingly important as climate
concerns and regulations plus financial incentives from
government bring money and interest to the hydrogen
industry.
• Geopolitical issues add further focus to patents as
hydrogen technology is important for energy security and
climate protection that impacts several other industries.
• Patent issues will expand as investments, technological
innovation and more use cases expand.
• Appropriately managing patent issues early in
development is critical to later success.
How we can help
• We support companies as they create and develop cuttingedge hydrogen technologies in the energy and industrials
sectors, ensuring robust IP protection.
• We help start-ups seize business opportunities involving
hydrogen solutions for the energy transition and help larger
companies rollout innovative hydrogen projects.
• We help industrial customers acquire, commercialize, and
utilize cleaner energy solutions in hydrogen while
safeguarding IP rights.
What we do
IP Commercial Transactions and Licensing
• We assist companies in negotiating IP and
commercial agreements for hydrogen use.
• Examples include licensing and technology
agreements for the development of hydrogen
projects, infrastructure and related services, such as
energy production, fueling and industrial applications.
IP Protection
• We advise clients in
patent, trademark and
copyright protection
strategies, including
patent, trademark and
copyright filings.
• We assist clients with
inventions mining to grow
and manage IP.
Global & Local
IP Disputes
With a strong
global presence in
45+ offices around
the world, we have a
proven track record
of successfully
handling IP disputes
and litigation.
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