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Green Technology Pilot Program

I have mentioned in the past that it is possible, in certain cases, to have examination of a patent application accelerated by filing an appropriate petition. The most common reason for accelerating an application is that at least one of the inventors is over age 65 or in poor health. However, there are ways to have an application made special based on subject matter which the Patent Office has decided is especially important to the nation. In this post, I will discuss the Patent Office’s Green Technology Pilot Program. Under the Green Technology Pilot Program,an application can be advanced out of turn (accorded special status) for examination, if it is directed to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction).

To have the Patent Office consider an application for the Green Technology Pilot Program, it is necessary to file a petition including a statement as to the basis for making the application special under the program.  As an example, an application directed to a more fuel efficient motor might be allowed under the category of “energy conservation”.  At present, no petition fee is required. According to the Patent Office, in several cases, patent applications under the program were allowed within one year of the filing date. The program is set to expire at the end of 2011 (unless renewed) or when the first 3,000 petitions under the program have been granted.

As of February 21, 2,553 petitions have been filed under the program.  1,332 petitions have been granted, 825 were dismissed and 172 were denied. There are currently 224 petitions currently waiting decision. 195 patents have issued under the program.  This means that time is running out.. and it is advisable to review any pending patent application that might be eligible under the program, and file that petition as soon as possible.

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