The U.S. Patent Office Accelerates Review of Green Technology Patent Applications

On December 7, 2009, the U.S. Patent and Trademark Office (USPTO) announced a pilot program to accelerate the examination of some “green” technology patent applications.  Pending patent applications in green technologies may be eligible for special status and expedited examination, which could substantially reduce the time it takes to obtain an issued patent.

Patent applications usually examined in the order in which they are filed.  According to the USPTO, the average pendency time for applications in green technology areas is approximately 30 months before a first Office action and 40 months until a final decision is reached on the application.  Under the pilot program announced by the USPTO, the first 3,000 applications related to green technologies for a which a petition is filed will be examined on an accelerated basis.  The USPTO estimates that the expedited examination is likely to reduce pendency time by one year.

The USPTO announcement did not specify which “green” technologies would be eligible for accelerated review, or what the petition requirements would be, but stated that more information will be made available soon. 

We anticipate that this program will help our clients with “green” technologies obtain patents sooner, which will in turn help our clients secure funding, create business and bring products to market sooner.