Researchers warn that technology that could stop global warming must stay out of private hands
Anne C. Mulkern, E&E reporter
Published: Wednesday, April 18, 2012
LAGUNA NIGUEL, Calif. -- Researchers working on a technology they say could stop global warming want the government to keep it out of private hands, a lead investigator said this week.
David Keith, a Harvard University professor and an adviser on energy to Microsoft founder Bill Gates, said he and his colleagues are researching whether the federal government could ban patents in the field of solar radiation.
The technology, also known as geoengineering, involves a kind of manipulation of the climate. Shooting sulfur -- a reflective material -- into the stratosphere could compensate for the warming effect of carbon dioxide and cool the planet, Keith said.
It could be very effective but also has the potential to provoke conflict between nations, Keith said.
"This is technology that allows any country to affect the whole climate in gigantic ways, which has literally potential to lead to wars," Keith said. "It has this sort of giant and frightening leverage."
Keith spoke about the technology and his work on climate and energy Monday at Fortune magazine's Brainstorm Green conference. The Harvard professor of applied physics and public policy runs the philanthropic Fund for Innovative Energy and Climate Research.
Gates began funding that group out of his personal wealth after meeting with Keith and other advisers on climate. The fund, which has spent $4.6 million since 2007, is bankrolling the research into solar radiation.
Keith began studying solar radiation about 20 years ago, "when no one else was working on it," he said. Now others are investigating it, "the taboo has been broken and there's suddenly a fair amount of research happening and people are beginning to think more seriously about it."
Could the government ban patents?
With people talking about it more openly, some researchers believe it's time to make sure precautions are taken to prevent international conflict. Some of his colleagues last week traveled to Washington, D.C., where they discussed whether the U.S. Patent Office could ban patents on the technology, Keith said.
"We think it's very dangerous for these solar radiation technologies, it's dangerous to have it be privatized," Keith said. "The core technologies need to be public domain."
Those familiar with patent rules, he said, described it as mostly uncharted territory. "There's not much legal precedent," Keith said. "Nuclear weapons are a partial precedent." The United States could not ban patents in other countries but has influence, he explained.
"Patents are mostly symbolic in this area anyways," he said. "The issue is to try and find ways to lower potential tensions between countries around these technologies by sending signals that it's going to be as transparent as possible."
In addition to potentially stoking international political problems, the technology carries other risks. The particles could hold the Earth's temperatures constant, Keith said, but that has side effects.
"If you keep increasing the amount of carbon dioxide, and you keep also increasing the amount of sulfur in the stratosphere, you can hold the surface temperature constant," Keith said. "All sorts of other things begin to go more and more wrong as you have more and more CO2 in the atmosphere.
"So this is not a perfect substitute," Keith said, "but it might be a very effective way to reduce risk over the next half-century."
The work on solar radiation is one part of energy research Keith is involved in. He also runs a startup called Carbon Engineering, which is trying to build the hardware to capture carbon out of the air. The company has received about $3.5 million from Gates and has spent about $6 million total.
Lack of a broad social consensus
At the conference, where many are talking about innovations, Keith warned that those won't be enough on their own to stop climate change from becoming a severe problem.
"No technical fix solves this problem without some sort of broad, social consensus that the problem is worth solving," Keith said. "I don't think we're there yet.
"It's not a question of if the politicians are screwing up," he added. "Yes, they are, but really, we have not convinced enough of our fellow citizens that they really should take this problem seriously."
That involves getting people to think about their great-grandchildren as well as people in other countries, he said.
Keith also spoke critically about what the country has done so far on climate. People are involved in symbolic actions instead of meaningful ones, he said, like focusing on producing better plastic instead of looking at the really big sources of carbon emissions, like airplane travel.
In the United States, about $260 billion in public and private dollars was spent last year on clean energy, which is about 0.4 percent of gross domestic product, Keith said. With that kind of spending, "you should expect to really see the brakes go on" greenhouse gas levels.
"Except emissions were up 7 percent in 2010 and almost certainly more last year," Keith said.
That means either that the view that cutting emissions should be easy is wrong, or that the way the money has been spent is not effective, he said, "or both."
Does this mean that anyone can put any amount of any substance into the
common atmosphere, even substances which are known to be dangerous, if
this increases world temperatures but not substances which reduce them?
Or does it mean that you can do what you like if you are ignorant of the
effects but not if you have studied then as carefully as you can?
Or does it mean that you can emit nasty stuff if it makes money for you
and hurts a majority of people but you cannot emit harmless stuff which
costs you money but helps a majority?
Stephen
Emeritus Professor of Engineering Design
Institute for Energy Systems
School of Engineering
Mayfield Road
University of Edinburgh EH9 3JL
Scotland
Tel +44 131 650 5704
Mobile 07795 203 195
www.see.ed.ac.uk/~shs
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Scotland, with registration number SC005336.
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What patent was this? I know of one filed, since I was on it.
Gregory
Ken has it right. A central problem with attempts to restrict patenting of SRM technologies is to make sensible distinctions about what should and should not be included.
In order to explore these issues further, Granger Morgan and others held a meeting in DC on April 3rd to address exactly these issues. Attendance included were technology developers, IP experts, legal scholars, scientists etc. (I presented remotely, helped to organized, but was not able to make it in person.)
Several of the posts on this thread have pointed out, that (1) there is no single system of patenting, (2) there are already patents, (3) patents might not be that important, and most of all (4) the distinction is muddy.
These are all good points and were all discussed, though of course not resolved, at the meeting.
My view is that the underlying issue is to incent transparency in the development of these technologies, and that restricting IP might be useful to help incent transparency. I am not convinced that IP restriction is practical.
I do think that government funding for SRM research can and should include specific guidelines that incent transparency and restrict commercialization.
While a generalized restriction on IP might be unworkable, research grants can (and do) include specific provisions about IP.
Here is an example of how one might make the distinction between core and supporting IP for which restriction does not make sense:
Core
• Specific kind of particle that enables some specific feature of SRM
• Measurement method that is uniquely applicable to SRM.
Support
• Aircraft to deliver payloads to 70,000 ft.
• Computer programs for dispatch management
I think efforts to incent transparency should be focused on technologies that have:
1. high leverage (huge outputs for small inputs, e.g. SRM and not CDR or regular mitigation)
2. and technologies for which objective performance measurement is difficult (see attached slide).
David
David, you are quoted as saying ‘it's dangerous to have it be privatized. The core technologies need to be public domain.’ If a patent is key to some SRM development that knowledge will be in the public domain by virtue of it being patented even if some commercially sensitive details of the technology are not. Broadly speaking, patents confer two rights on the patent holder, the right to charge others for exploiting it, and the right to control who uses it. Why are we concerned about patents? Is it a moral objection to people profiteering out of SRM, or do we think that in some way patents might stifle or distort research and/or deployment? You say that your main concern is to incentivise transparency but how is transparency about SRM compromised by patents on enabling technologies (e.g. what about the patents on some computer components on which all SRM research already depends)? Is there a concern that technologies will be patented and then suppressed? Isn’t there any merit to the argument that the more profit there is to be made the quicker solutions might be found and therefore profiteering is a good thing? Even before we get to the taxing practical issue of how to impose a special regime on SRM relevant patents, can someone explain a little more compellingly the potential malign effects of patents on SRM?
Robert Chris
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