New USPTO Pilot Program for Green Technologies Including Greenhouse Gas Reduction

January 2010

The United States Patent and Trademark Office (USPTO) has introduced a Green Technologies Pilot Program. Under this program, patent applications directed to green technologies, including international applications entering the national stage will be accorded special status so as to be examined out of turn. No prior art search or examination support document needs to be submitted, as is typically required for a petition for accelerated examination.

In order to qualify for advanced examination under the pilot program, an application must be directed to a green technology and state that special status is sought because the invention materially enhances the quality of the environment by contributing to the restoration or maintenance of the basic-life sustaining natural elements, or materially contributes to (1) the discovery or development of renewable energy resources, (2) more efficient utilization and conservation of energy resources, or (3) the reduction of greenhouse gas emissions.  To be eligible for the program, the application must be classified in one or more of a limited set of eligible U.S. patent classifications.  A list of the eligible classifications may be found at http://www.uspto.gov/patents/law/notices/74fr64666.pdf.  Eligible technologies include, for example, solar energy production, fuel-cell technology for vehicles and environmentally-friendly coolants.

The program began December 8, 2009 and the petition to make special under the pilot program must be filed before December 8, 2010.  Eligible applications must be filed before the program start date.

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