News & Events

On December 8, 2009, the United States Patent and Trademark Office (USPTO) announced a new program targeting Green Technology.   The Green Tech Pilot Program will permit a limited number of applicants to move their unexamined Green Tech applications to the front of the line.  The USPTO has stated that inclusion in this program may reduce total pendency of the application by as much as twelve months.

Not all Green Tech applications are covered by the new program.  The program generally covers applications directed to the following areas:  Alternative Energy Production, Energy Conservation, Environmentally Friendly Farming, and Environmental Purification, Protection or Remediation.  However, the USPTO notice announcing this program goes into further detail regarding the qualifications for inclusion in the program.  In particular, an eligible application must be classified within particular subcategories within these broader subject matter categories.

Additionally, the applicant must petition for inclusion in the program.  The petition is a single page form that is accompanied by a brief statement of eligibility.  In the petition, the applicant agrees to early publication of the application.  As a consequence, while there is no fee for filing the petition, the fee for early publication of the application must be included.

There are requirements on the size of the application.  In particular, there are caps placed on the number of independent claims that may be included in an eligible application, as well as the total number of claims.  Further, the claims must be directed to a single invention.  If an application does not presently meet these qualifications, it may be possible to amend the application so that it would qualify.

As of the present time, the USPTO has received petitions to fill only a third of the 3000 positions available.  Consequently, there still may be time to petition to have your application included in the program.  At the rate at which petitions are being received, all available positions may be filled in the very near future.  Even if your application is not included at the present time, it is possible that the program will be expanded or continued in the future after demand and resources are reassessed by the USPTO. 

Paul Craane can be reached at pcraane@marshallip.com or at 312.474.9623.

For additional information, enjoy Mr. Craane's free pod cast.