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In a press release yesterday, the USPTO announced it was beggining a pilot program to permit accelerated examination of patent applications directed to "green" technologies. The announcement came on the same day that the EPA announced it considers greenhouse gases a threat to public health and the environment. The announcements came just before the start of the United Nations Framework Convention on Climate Change.
In a Federal Register notice today, the specifics of the program were provided in more detail. The applicable technologies include those that materially (1) enhance the quality of the environment, (2) contribute to discovery or development of renewable energy resources; (3) contribute to the more efficient utilization and conservation of energy resources; or (4) contribute to greenhouse gas emission reduction. The requirements for environmental quality enhancement applications are defined in MPEP § 708.02(V). The "renewable energy resources" include "hydroelectric, solar, wind, renewable biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, and municipal solid waste, as well as the transmission, distribution, or other services directly used in providing electrical energy from these sources." Inventions that deal with more efficient utilization and conservation of energy "include inventions relating to the reduction of energy consumption in combustion systems, industrial equipment, and household appliances." Greenhouse gas reducing inventions include those "that contribute to (1) advances in nuclear power generation technology, or (2) fossil fuel power generation or industrial processes with greenhouse gas-abatement technology (e.g., inventions that significantly improve safety and reliability of such technologies)."
As to the technical requirements for the petition, they include:
As this is only a pilot program, only the first 3,000 applications will be elegible for accelerated examination on this basis. However, the USPTO anticipates extending the program if it is successful.
For USPTO the press release, click here. For the Federal Register notice with more details of the program and the requirements to participate, click here. USPTO Director Kappos also provides this entry on his official blog on the subject.
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