Green Patent Applications To Get Accelerated Examination at USPTO

Posted on December 8, 2009 by Brian Wm. Higgins

     Today the U.S. Patent and Trademark Office (USPTO) announced it will pilot a program to accelerate the examination of certain “green” technology patent applications. Under the pilot program, patent applications meeting certain criteria will be accelerated in order to "further the development and deployment of green technology, create green jobs, and promote U.S. competitiveness," a USPTO press release said. Pending patent applications in green technologies will be eligible to be accorded special status and given expedited examination, which will have the effect of reducing the time it takes to patent these technologies by an average of one year, the USPTO said. The press release stated that earlier patenting of green technologies enables inventors to secure funding, create businesses, and bring vital green technologies into use much sooner. 

     Green technologies are defined as those patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, or greenhouse gas emission reduction.

     Under the pilot program, patent applications are normally taken up for examination in the order that they are filed. The average pendency time for applications in green technology areas is approximately 30 months to a first office action and 40 months to a final decision. Under the pilot program, for the first 3,000 applications related to green technologies in which a proper petition is filed, the USPTO will examine the applications on an accelerated basis (i.e., 12 months to a final decision).

     Critics have complained that green patents mean higher prices for these newest pollution-reducing technologies due to licensing fees sought by patentees, fees that effectively put the technology out of reach of companies and countries that can’t pay the premiums.  The result is that companies and countries that need the most pollution abatement will look to older, less efficient technologies because they are less expensive than state of the art technologies being patented today.

     Federal Register Notice: 74 FR 64666

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Under Secretary of Commerce Dudas to Discuss Patent Reform Tomorrow

Posted on February 4, 2008 by Brian Wm. Higgins

     The following Notice concerning patent reform was posted on the USPTO website today. Clearly, the Bush Administration is concerned about a potential vote on the Senate's version of the Patent Reform Act of 2007 (S.1145), which was placed on the Senate Calendar in late January. In a letter to Sen. Leahy, dated today, Nathaniel Wienecke, Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs, writes:

"The Administration continues to oppose Section 4, "Right of the Inventor to Obtain Damages." Consequently, we continue to oppose S. 1145 - in its entirety - unless Section 4 is significantly revised, as we believe the resulting harm to a reasonably well-functioning U.S. intellectual property system would outweigh all the bill's useful reforms.

* * *

"Downstream litigation costs can be minimized through patent clarity - offered through such early elucidation mechanisms as applicant quality submissions and post-grant procedures. Flexibility in assessing damages ensures that results can be tailored, avoiding a "one-size-fits-all" approach that pleases no one."

     The entire Notice, which involves a media call tomorrow, is after the jump...

"Commerce Under Secretary to Address Bush Administration’s Views on Patent Reform Act of 2007

Washington, D.C. – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Jon Dudas will highlight by teleconference on Tuesday, February 5, the Bush Administration’s views letter provided to members of the Senate regarding the Patent Reform Act of 2007 (S. 1145).

WHO Under Secretary of Commerce for Intellectual Property Jon Dudas

WHAT Media availability to discuss Administration’s views on S. 1145

WHEN Tuesday, February 5, 2008 10:30 a.m. ET (call in by 10:25 a.m.)

Reporters should call 800-779-8694 and enter the code #35841 to participate in the call.

Background
The Administration strongly opposes S. 1145 in its current form, but strongly supports passage of balanced patent modernization legislation. Any changes must be carefully considered and balanced to encourage all innovators and business models. The Administration opposes S. 1145 because it does not strike the right balance for all innovators. Unless the provisions limiting inventors’ rights to obtain damages are significantly revised, the Administration believes the resulting harm to the U.S. intellectual property (IP) system would outweigh the bill’s many useful reforms.

The Administration continues to strongly support the passage of patent modernization legislation that improves patent quality and reduces litigation costs. In fact, the Administration agrees with many of the bill’s provisions— and believes that those provisions pertaining to applicant quality submissions are the only ones that serve to maximize quality in the U.S. IP system. The Administration will continue to work with Congress to enact legislation that will promote innovation throughout all sectors of the economy.

To access the letter in its entirety, go [here]. "
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