Tuesday, December 11, 2012

Accelerated Granting of US Patents


Earlier this year, the United Stated Patent and Trademark Office (USPTO) launched the Green Technology Program, a US equivalent to the UK Green Channel which gives patent applicants the opportunity to request accelerated processing or fast tracking of their patent application. This is applicable if the invention has an environmental benefit or relates to green technologies.

The USPTO have now widened the scope of US applications which are eligible for this programme. Previously, patent applications had to pertain to specific classification fields and technologies such as renewable energy development, energy conservation and greenhouse gas reduction methods. Many applications were not granted as their classification was not deemed as eligible.

From now on, the fast-tracking programme is available to any application which, regardless of its' technology category, pertains to these 'green' technologies.

An added bonus for more recent applications and any patents which have not yet been filed is that the deadline to qualify for this programme has been lifted. Originally, patent applications which wished to be put on this fast-track program had to be filed before 8 December 2009. The Pilot Program has now been extended so as to be available for another year, ending on 31 December 2011.

Under-Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos declared: "There has been a tremendous amount of interest in the Green Technology Pilot Program, and we would like to enable applicants whose inventions did not fall within the initial classifications eligible for the program to be eligible." Mr Kappos continued: "By expanding the eligibility criteria for this program, [sic] will further accelerate the development of critical green technologies while creating new jobs."

Requests for accelerated processing which have been previously turned down can be re-submitted for consideration under the new regime.

If the request is accepted, then the applicant's patent application will be given priority and should be able to proceed to grant much sooner than normal.

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