Canada continues to promote innovation in green technologies, with the Canadian Intellectual Property Office (CIPO) recently proposing amendments to the Patent Rules to accelerate the examination of green technology patent applications. Eligible patent applications include those relating to technology that, if commercialized, could help resolve or mitigate environmental impacts or conserve the natural environment and resources.
No additional fee would be required to take advantage of the accelerated examination process. Applicants would only be required to declare that their application relates to technology that, if commercialized, could help resolve or mitigate environmental impacts or conserve the natural environment and resources.
The proposed amendments will be accompanied by new service standards to enable rapid prosecution of applications. CIPO will produce substantive office actions within two months following receipt of an applicant's request or response. In turn, a response from the applicant to the examiner's report will be required within three months from the date of the examiner's report.
Canada now joins the United States in providing accelerated examination of green technology patent applications. On December 8, 2009, the United States Patent and Trademark Office (USPTO) initiated a pilot program for accelerated examination of such patent applications for a period of at least 12 months (see our December 2009 Bulletin). Since then, the USPTO has even relaxed subject matter requirements for the categories of green technologies eligible for the pilot program, thereby making it easier for patent applicants to qualify for the program.
CIPO's proposal to accelerate the examination of green technology patent applications is good news for green technology businesses that are actively engaged in research and development and intend to file patents in Canada. This accelerated examination mechanism will lead to earlier patenting, thereby crystallizing intrinsic value earlier. This means financing may be easier to obtain at an earlier stage. As well, patent enforcement steps can be taken sooner to stop competitors who exploit the research and development efforts of others from enjoying first-mover advantages.
The proposed amendments will be recommended for publication in the Canada Gazette, Part I for a 30-day consultation period in fall 2010. During the consultation period, stakeholders will be invited to file submissions relating to the proposed amendments.
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