On Monday, the Commerce Department announced that the Patent and Trademark Office will institute a Pilot Program for Green Technologies Including Greenhouse Gas Reduction, which will accelerate the examination of certain “green” technology patents. The Pilot Program will allow inventors who have already submitted patent applications for green technologies to petition to have their applications receive an expedited review.
As detailed in the Federal Register
(pdf), applications eligible for the program include inventions that materially
contribute to:
- Enhancing environmental quality;
- The more efficient utilization and conservation of energy resources;
- The discovery or development of renewable energy resources; and
- Greenhouse gas emission reduction.
The PTO estimates that there are approximately 25,000 currently pending patents that would be eligible for the Pilot Program. However, accelerated examination will only be available to the first 3,000 applications related to green technologies in which a proper petition to make special (pdf) is filed, so parties interested in taking advantage of the Pilot Program should move quickly. As part of this new program, the PTO has waived the $130 fee normally associated with petitions to make special.
According to PTO
statistics, an average patent application receives a first office action in
approximately 25 months and reaches a final determination in an average of
32. Inventions in the Green Technology
area have a larger backlog, waiting an average of 30 months to receive a first
office action and 40 months to a final decision.
Applicants who successfully petition to enter the Pilot Program will enjoy shortened prosecution times, securing potentially valuable intellectual property rights sooner. Obtaining patent rights faster will provide additional opportunities for financing and open doors to new projects, a valuable prospect for any company.
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