Brinks Attorney Explains New USPTO Pilot Program Aimed to Accelerate Patenting of Green Technologies

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Mar 15, 2010, 09:07 ET

ANN ARBOR, Mich., March 15 /PRNewswire/ -- The United States Patent and Trademark Office ("USPTO") recently announced a Green Technology Pilot Program to accelerate the examination of green technology patent applications relating to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction. Eligible applications must be a non-reissue, non-provisional utility application or an international patent application that has entered the U.S. national stage. The application must have been filed before December 8, 2009 and other restrictions apply as well. According to patent attorney Eric J. Baude, Ph.D., a member of the Ann Arbor office of Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, the program was launched due to the backlog of applications at the USPTO.

"Patent applications are typically examined in the order in which they were filed, but the backlog of applications at the USPTO means it can take years to obtain an initial review of a patent application," explains Dr. Baude. "Accordingly, there is a concern that some important, patent-worthy green technologies are not getting the appropriate attention. The pilot program is expected to reduce the time it takes to obtain a green technology patent by an average of twelve months. This reduction in time to obtain a patent is intended to allow inventors and companies to more quickly commercialize their green technologies."

In order to obtain the accelerated examination for a green technology patent application, a patent applicant must file a Petition to Make Special that meets the requirements of the Green Technology Pilot Program. The USPTO will only accept the first 3,000 petitions that are submitted by December 8, 2010.

Petitions for patent applications relating to "Environmental Quality" must state that the invention materially enhances the quality of the environment by contributing to the restoration or maintenance of the basic life-sustaining natural elements. Alternatively, petitions must state that the invention materially contributes to (1) development of renewable energy resources or energy conservation, or (2) greenhouse gas emission reduction.

There is no USPTO fee to file a petition for the program. The applicant, however, must request early publication of the application, which requires payment of a publication fee. The application must also fit within one of 79 different patent classifications in four separate areas:

A. Alternative Energy Production: 29 classifications, including Biofuels; Chemical waste; Domestic hot water systems; Passive space heating; Fuel cells; Gasification; Genetically engineered organisms; Geothermal energy; Hydroelectric energy; Nuclear power; Solar cells; Solar thermal energy; and Wind energy.

B. Energy Conservation: 23 classifications, including Alternative-power vehicles (e.g., hydrogen); Electric lamp and discharge devices; Electric vehicles; Energy storage or distribution; Fuel cell-powered vehicles; Human-powered vehicles; Hybrid-powered vehicles; and Wind-powered ships.

C. Environmentally Friendly Farming: 6 classifications, including Alternative irrigation techniques; Fertilizer alternatives; Pollution abatement; and Water conservation.

D. Environmental Purification, Protection, or Remediation: 21 classifications, including Biodegradable materials; Environmentally-friendly coolants; Hazardous or Toxic waste destruction or containment; Nuclear waste containment or disposal; Recycling; and Using microbes or enzymes to treat hazardous or toxic waste.

Dr. Baude advises patent applicants to carefully weigh the advantages and disadvantages of taking part in the Green Technology Pilot Program.

"The new program may not be appropriate or applicable for all green technology patent applications," says Dr. Baude. "There may be other strategies and avenues to expedite the review of a green technology application that are a better fit for an applicant."

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with five additional offices across the country, including Ann Arbor, serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 180 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services. For additional information, visit www.usebrinks.com.