At the beginning of December, the USPTO announced a pilot program whereby pending applications filed prior to December 8, 2009 involving “green” technologies can petition for expedited examination. The pilot program is limited to the first 3000 approved petitions, but hopefully may be expanded by the USPTO in the future.
The general criteria for such an application are: 1. The invention is classified in one of the specific technological classes approved as a “green technology” class; 2. The application has three or fewer independent claims, 20 or fewer total claims and no multiple dependent claims (the applicant can file a preliminary amendment to bring the application in compliance with this requirement); 3. The application claims a single invention directed to environmental quality, conserving energy, developing renewable energy resources or reducing greenhouse gas emissions; and 4. The applicant must request early publication of the application.
This pilot program is an encouraging development, shows an increasing commitment to important technologies and a newfound priority in addressing the growing climate crisis. If the USPTO ultimately extends and expands the program, it may very well be that U.S. intellectual property policy and corresponding incentives in the administrative process of patent prosecution will help play a role in resolving some of the most troubling global challenges of the next hundred years.