uspto_sealThe USPTO is launching a pilot program (“Green Tech”) which will permit patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be accorded special status and be examined on an accelerated basis.

  • The program is designed to accelerate the development of green technology, increase America’s competitiveness in this area, promote green investment and create green jobs.
  • It is no secret that the current patent pendency rates in these technologies pose a challenge in bringing products to market. The program helps inventors and innovators in these technologies by significantly decreasing the time it takes to get a final decision on a patent application.
  • The program supports one of Secretary Locke’s top priorities, which is the creation of green jobs.

How it works:

  • Under the Green Tech pilot program, for the first 3,000 applications related to green technologies in which a proper petition is filed, the agency will examine the applications on an accelerated basis.

  • The USPTO will accord special status to patent applications for inventions which materially enhance the quality of the environment by contributing to the restoration or maintenance of the basic life-sustaining natural elements. The agency also will accord special status to patent applications for inventions that materially contribute to:  (1) the discovery or development of renewable energy resources; (2) the more efficient utilization and conservation of energy resources, or

(3) greenhouse gas emission reduction.

  • To be eligible, the application must be a new non-reissue, non-provisional utility application that was filed before the publication of the Federal Register notice.  The application must be classified in one of the eligible U.S. classifications at the time of examination; contain three or fewer independent claims and 20 or fewer total claims, but not contain any multiple dependent claims; and the claims must be directed to a single invention pertaining to an eligible green technology.
  • The applications will be placed on an examiner’s special docket prior to the first Office action, and will have special status in any appeal to the Board of Patent Appeals and Interferences and also in the patent publication process.  The applications, however, will be placed on the examiner’s amended docket, rather than the examiner’s special docket, after the first Office action.
  • There is no petition fee required to make special under the Green Technology pilot program, but the petition must be filed electronically using EFS-Web before a first Office action.  An eligibility statement regarding how the invention materially enhances the quality of the environment or contributes to certain green technologies as well as a request for early publication and the publication fee must accompany the petition.
  • The USPTO plans to provide regular reports on key metrics to let the stakeholder community know how the pilot is going.

Relevant Statistics:

  • There are 25,000 patent applications awaiting first action that would be eligible to participate in the pilot program.
  • The average total pendency of applications in these specific technology areas is approximately 40 months (approximately 30 months to first action).

o       Based on historical data, applicants could expect that participation in the pilot program would shorten the pendency to the first action and overall pendency by as much as 12 months.

  • In FY 2009 alone, the USPTO received more than 12,000 applications that would be eligible to participate in the program.