The Green Technology Pilot Program of the U.S. PTO offers a
route for applicants to expedite examination of patent
applications, as set forth on the web site of the U.S. PTO and in the Federal Register, Vol. 74,
No. 234, at page 64666, Vol. 75, No. 98, at page 28554, and No. 217, at page 69049. Under the Program, the time from
filing the application to issuance of a first office action may be
reduced to 3 to 6 months. The Program requires no additional
government fee to request, and encompasses a broad range of
environmental remediation, environmental protection, clean energy,
and energy conservation technologies. To qualify, the application
must have no more than 3 independent claims, 20 total claims, and
no multiple dependent claims. This is usually not an unduly
restrictive requirement, and the claims may be amended to qualify,
if necessary.
The Pilot Program will end soon, however. A notice published on
December 15, 2011, in the Federal Register, Vol. 76, No. 241, at page 77979 states that the Green Technology
Pilot Program will be extended until 500 additional applications
are accorded special status under the Program or until March 30,
2012, whichever comes first. Following the expiration of the Green
Technology Pilot Program, applicants seeking accelerated
examination may use the Prioritized Examination (Track I) Program,
codified by the America Invents Act and set forth in the Federal
Register, Vol. 76, No. 185, at page 59050. However, the Prioritized
Examination (Track I) Program requires payment of an additional
government fee of $4800 ($2400 for a small entity).
Therefore, to expedite examination without the payment of a
substantial government fee, those interested in protecting
technologies that might be characterized as "green" may
wish to enter the Green Technology Pilot Program while it is still
pending. Applications to be examined under the Green Technology
Pilot Program should be filed as soon as possible, and, in all
events, by the definitive deadline date of March 30, 2012.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
