On December 7, the United States Patent and Trademark Office (USPTO) announced a pilot program that would accelerate the examination of “green” technology patent applications.  Eligible patent applications must pertain to inventions that “materially contribute[] to environmental quality, the discovery or development of renewable energy resources, more efficient utilization and conservation of energy resources, or greenhouse gas emission reduction.”  The patent applications must be limited to three or fewer independent claims and 20 or fewer total claims.  Under the pilot program, the first 3,000 such applications submitted with a no-cost petition will be granted special status and given accelerated examination.  The USPTO expects the expedited examination to reduce the patent pendency period by about a year, meaning applications under this program patents will issue in an average of 28-36 months from the date of filing.

Similar programs have been implemented in the United Kingdom and South Korea.  In the UK, patent application examinations will be automatically expedited where an applicant makes a “reasonable assertion” that the invention’s impact will have an environmental benefit.  In South Korea, applications directed towards the minimization of the discharge of pollutants or for inventions that have received funding or authentication for green growth will be examined at “Superspeed.”

The goal of the USPTO’s program is to “accelerate the development and deployment of green technology, create green jobs, and promote U.S. competitiveness” in the green technology sector.

For further information about this topic, please contact Akin Gump.