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Accelerated Patent Granting For ‘Green’ Inventions

by | Aug 29, 2013

Green Inventions

If you have an invention that is ‘green’ or environmentally-friendly, then more patent offices around the world are now offering ‘fast-tracking’ procedures to grant your patent in months rather than years.

‘Green Technology’ programmes that offer an accelerated patent process for applicants with eco- or environmentally-friendly inventions have been well received in the UK and the US (See ‘Accelerated Grant of UK and European Patents’ and ‘Accelerated Granting of US Patents’). If you are interested in obtaining intellectual property (“IP”) protection for your ‘green’ patent worldwide, you may be pleased to know that more patent offices across the globe have now introduuced their own equivalent programmes:

Canada

Canada launched its own ‘fast-track’ program in March 2011. Applicants had previously been able to request acceleration on any type of patent application provided they pay a fee, but for green technology applicants requesting acceleration, no additional fee is required. In order to be granted access to this service, the applicant must submit a declaration stating that their application relates to an environmentally friendly or conservational technology.

Australia

IP Australia is also giving ‘green’ innovators a helping hand in finding a fast track to the marketplace. Richard Marles, Parliamentary Secretary for Innovation and Industry in Australia confirmed that requesting accelerated examination under Australia’s green technology programme bears no extra cost, and that once applicants have successfully entered the fast-track system, they may only have to wait 4 – 8 weeks before receiving an examination report.

South Korea

The South Korean government is keen to get ‘green’ technologies onto the market as quickly as possible and reduce carbon emissions. The average waiting time for ordinary examinations in the Korean Intellectual Property Office (KIPO) is about 18 months, but patents evaluated under the new “superspeed” patent examination system program may receive the first examination report and/or grant in as little as one month.  The fast-track program in Korea has a narrower category of technologies that qualify for this acceleration in comparison to the US and the UK; qualifying technology in South Korea must be related to minimizing emissions of pollutants or technologies that have received green funding or authentication. The system in South Korea has been effective from October 1, 2009.

Israel

As of December 2009, a new category of patents that promote environmental protection was introduced in Israel. The new category, also known as “green patents” will receive priority from the Israeli Patent Office requiring neither a declaration nor extra fees, distinguishing it from the previously existing accelerated examination procedure. However, when filing for a ‘green’ patent in Israel, the applicant will need to briefly explain why the technology or concept in the patent helps advance environmental protection and therefore why it should be considered as being environmentally friendly. Additionally, you may still request acceleration of your ‘green’ application if it is already pending.

If you have a patent that benefits the environment and are interested in gaining patent protection in the UK and/or overseas, then please do not hesitate to contact us for further information on costs and procedure.

 

Author

  • Adrian Hocking, Patents Director

    Adrian is a Director, as well as a qualified Engineer and an experienced British and European Patent Attorney. Adrian relishes the challenge of obtaining potent and robust patent protection in the UK, Europe and worldwide. Having dealt with over 900+ European patent applications, not to mention all his British and US patent experience, Adrian enjoys advising his diverse international client-base in all aspects of intellectual property law.

    Adrian's Qualifications: Engineer | Patents Director | Chartered British Patent Attorney | European Patent Attorney | European Patent Litigator | IP Litigator (UK Patents)

    Adrian's Attorney Profile Page: Adrian's Profile
    LinkedIn: Adrian Hocking

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