What Comes Out of the Ground: Mining, Energy, and the Intellectual Property in an Extractive Business
By Casey Scott McKay ·
An extractive business does not think of itself as an intellectual property client, and it is wrong about that in a way that costs money. The orebody is not owned as intellectual property but the data describing it is the most valuable asset the company holds. The metallurgical process that makes a marginal deposit economic is a trade secret worth more than the mineral rights. The joint venture agreement that funds development allocates technology in clauses drafted by people thinking about capital. This article works through geological and seismic data as an asset class, process knowledge and why patenting it is usually a mistake, the technology terms inside resource joint ventures, contractor and supplier controls, and the intersection with community and traditional knowledge questions that increasingly determine whether a project proceeds.
IP and Technology > General IP | Article | Published 20 October 2023 - Updated 27 September 2025 | Casey Scott McKay - marksy.us
Summary. An extractive business does not think of itself as an intellectual property client, and it is wrong about that in a way that costs money. The orebody is not owned as intellectual property but the data describing it is the most valuable asset the company holds. The metallurgical process that makes a marginal deposit economic is a trade secret worth more than the mineral rights. The joint venture agreement that funds development allocates technology in clauses drafted by people thinking about capital. This article works through geological data as an asset class, process knowledge and why patenting it is usually a mistake, technology terms inside resource joint ventures, contractor and supplier controls, and community and traditional knowledge questions.
Keywords: mining IP · geological data ownership · seismic data licensing · metallurgical process secrecy · joint venture technology terms · contractor confidentiality · traditional knowledge · community agreements · resource disclosure obligations · drilling data · flotation reagents · process patents · equipment supplier terms · environmental claims · mine closure records
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