Blog Posts
New Blog Post – Fuelling IP: Five Common Mistakes Energy Innovators Make When Protecting Intellectual Property (IP)
March 2026
How to avoid undervaluing, under protecting or overlooking critical innovation in the energy sector.
Energy companies are being forced to innovate faster than ever, or risk missing out on massive opportunities presented by the energy transition. As the sector shifts toward low-carbon technologies, companies are delivering new solutions across everything from energy production, distribution and storage to decommissioning.
However, due to eagerness to bring new technologies to market and generate revenue, this innovation is not always complemented by a clear IP strategy. In fact, many engineering-led businesses make preventable mistakes that irreversibly reduce the commercial and strategic impact of their innovation. Whether the goal is to secure funding, license technology, prepare for exit or defend a market position, strong intellectual property protection is critical.
Below I discuss are five of the most common IP mistakes energy innovators make and how to avoid them.
- Delaying Protection Until Commercial Launch
In the energy sector where there is competition, innovation moves fast and bringing a new solution to market is capital intensive, often businesses want to start generating revenue before facing the expense of obtaining IP protection. Therefore, it is understandable that businesses may want to wait until an innovation is ready for commercial deployment before filing a patent application.
However, this delay can create significant risk.
If disclosure occurs in the absence of an NDA before the filing date, for example through marketing, investment pitches or informal technical conversations, the innovation may no longer meet the requirements for patentability.
Avoid it: File a patent application early to obtain a filing date and “plant the flag”. Businesses need not have a prototype or a physical product including the invention prior to filing a patent application. Protecting innovation at the right time secures your position, avoids costly loss of rights and ensures your R&D efforts are not wasted.
- Assuming a Single Patent Covers all Innovation
Energy technologies are often complex, made up of multiple components and processes, and may have various use cases. Yet, many companies focus on protecting a single aspect of a particular invention and assume it is enough.
For example, a company developing a new wind turbine foundation might attempt to protect the physical structure but overlook the opportunity to patent the manufacturing method, installation method or anchoring system. Each of these may have independent commercial value.
Avoid it: Map out the innovation in full and then assess what is novel, what competitors might copy and where the greatest value lies. It may also be more cost effective to include all aspects in an initial patent application, but provide the opportunity to divide out the application later to protect all aspects.
- Overlooking IP in Collaborative Projects
Joint ventures and industry collaboration are common in the energy sector, especially as varying expertise is required for the development of new technologies in areas like carbon capture and storage, hydrogen and floating offshore wind.
However, when multiple organisations contribute to R&D, IP ownership can quickly become unclear. Without clear agreements, issues around inventorship, filing rights and commercial use can create delays or disputes that limit the value of the resulting technology.
Avoid it: Address IP terms early in any collaborative project. Define who owns what, who has the right to file, and how commercial use and licensing will be handled. Document contributions clearly.
- Underestimating International Protection Needs
Energy companies frequently operate across multiple markets, yet may only protect key innovations in their home jurisdiction. As patent rights are territorial, this can leave valuable technologies exposed in key revenue regions or manufacturing locations.
In today’s global energy landscape, protecting innovation in one or two countries is rarely enough. Further, the potential markets for offshore wind technology may be entirely different to those for oil and gas related technology. Therefore, companies need to be aware of international protection in order to realise the full value of their innovation.
Avoid it: Review your commercial roadmap alongside your filing strategy. Use international frameworks such as the Patent Cooperation Treaty (PCT) to keep options open, and consider protection in both target markets and countries where manufacturing, installation or enforcement may be required. Further, considering the lifespan of a patent is 20 years from filling, consider territories of interest both now and in the future.
- Failing to Align IP with Business Strategy
Too often, IP is seen as a legal function rather than a strategic tool. This disconnect can result in patents that are technically sound but not commercially useful, or portfolios that do not support wider business objectives such as investment, licensing or exit readiness.
IP counsel and technical teams need to work together to ensure IP efforts reflect both the innovation pipeline and the commercial direction of the business.
Avoid it: Establish regular communication between R&D, legal advisors and senior leadership. Ask whether each filing supports a business goal, such as market exclusivity, joint ventures or technology partnerships, and prioritise accordingly.
Final Thoughts
The energy transition is creating unprecedented opportunities for innovation. But without a clear and proactive IP strategy, companies risk losing out on the very value their R&D teams are working hard to create.
Avoiding these five common mistakes will help ensure your IP portfolio reflects the strength of your innovation and supports long-term growth.
This article was prepared by Patent Director John Johnston.