Axel Metzger (Humboldt University of Berlin), Chiara Kusch (Humbolt University of Berlin), Innovation policy beyond patents: A case study on the development of climate-friendly fertilizers (2024):
Nitrogen fertilizers have revolutionized agriculture since the early 20th century and made a decisive contribution to combating hunger in the world. Nevertheless, the technology is controversial today because production is energy-intensive and contributes significantly to climate change. In addition, conventional fertilizers pollute groundwater, rivers and coastal waters. Synthetic nitrogen fertilizer is made from ammonia (NH3) produced by the Haber-Bosch process, for which a patent was filed with the German Imperial Patent Office in 1908 (DE235421). For the urgently needed development of modern climate-friendly fertilizers, patent law seems to play a minor role so far. The large and patent-active agrochemical corporations in the industrialized countries are focusing on other technologies leaving fertilizer production to companies with direct access to energy below the global market price. Another reason for the reluctance of the Western high-tech chemical industries is the still very generous regulation of nitrogen fertilizers. For farmers, the use of less climate-damaging fertilizers is not worthwhile. However, the disruption of supply chains in the wake of Russia’s aggression in Ukraine and the aggravation of climate change could now lead to a rethink. First support programs for the development of climate-friendly, innovative America-made “next generation” fertilizers have been launched. The paper examines the interplay of patent law in concert with regulatory law and government funding tools in the area of innovative fertilizers. It starts from the hypothesis that other legal frameworks have a stronger influence on innovation activity in this field than patent law at the moment. But this could change once the regulatory framework would impose stricter requirements for the use of fertilizers.