Patent office proposes to continue moving applications for green technologies to the head of the line, bypassing other applications.

On Oct. 20, 2010, the U.S. Patent and Trademark Office (USPTO) announced that it was seeking comment on its expansion of the Green Technology Pilot Program. The USPTO implemented the pilot program on Dec. 8, 2009, permitting patent applications pertaining to green technologies, including greenhouse gas reduction, to be advanced out of turn for examination and reviewed earlier. The USPTO intends the program to promote the development of green technologies, which could include technologies based on nanotechnology. The USPTO initially limited participation to applications filed before Dec. 8, 2009, but is now expanding the pilot program to include applications filed on or after Dec. 8, 2009, and extending the program until Dec. 31, 2011. The USPTO stated that these changes would permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier. Applicants may participate in the Green Technology Pilot Program without meeting the current requirements of the accelerated examination program (e.g., examination support document). Comments are due Dec. 20, 2010. More information on the pilot program is available online.

The USPTO is seeking comments on the following questions:

1. Whether the proposed collection of information is necessary for the proper performance of the functions of the USPTO, including whether the information shall have practical utility;
2. The accuracy of USPTO’s estimate of the burden (including hours and cost) of the proposed collection of information;
3. Ways to enhance the quality, utility and clarity of the information to be collected; and
4. Ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

When the USPTO first implemented the pilot program, it was limited to applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction. The USPTO limited the pilot program to assist it in balancing the workload and gauging the resources needed for the program. On May 21, 2010, the USPTO announced that it had determined that the classification requirement was unnecessary because the workload was balanced with other mechanisms, and the requirement was causing the denial of petitions for applications that are drawn to green technologies. With the removal of the classification requirement, and the recent expansion and extension of the program, developers of green technologies, including those involving nanotechnology, should take advantage of the pilot program, and seek earlier review of their applications. As of Oct. 4, 2010, the USPTO has granted 764 petitions, and 56 petitions are awaiting decisions.