The Functionality of Patent Law in Environmental Technologies and Climate Change: An Inspiration for Nigeria

Abstract

The law is indispensable as an agent or instrument of both social control and change. Thus, it is
common place to use the instrumentality of the law to effect social, political, economic,
educational, socio-economic, and climatic changes. The Patent law performs part of this role by
protecting human activities; it is designed for encouraging the development of advanced
technologies. Its subject-matter is formed by new innovations, creativity, ideas, and inventions
produced by man for man. The production of material wealth results from interactions between
human beings within the society; the raw materials used in the process of production are derived
from the environment. It is for this reason that nature and society must agree for any meaningful
and sustainable programme to take place. Consequently, if nature is not protected, the future of
the society will be in jeopardy. The patent system, in collaboration with other factors, can help in
the assimilation and utilisation of ecological technologies; thus, beyond the orthodox ex-ante and
post-ante analysis of the patent landscape, it is a veritable vehicle in the acquisition, adaptation,
and advancement of environmental technologies in climate change.