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Cleantech and Green Channels

Cleantech and Green Channels. The what, why, where, and how – briefly!. What is Cleantech?. Cleantech represents a diverse range of products, services, and processes, all intended to: Provide superior performance at lower costs, while…

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Cleantech and Green Channels

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  1. Cleantech and Green Channels • The what, why, where, and how – briefly!

  2. What is Cleantech? • Cleantech represents a diverse range of products, services, and processes, all intended to: • Provide superior performance at lower costs, while… • Reducing or eliminating negative ecological impact, at the same time as… • Improving the productive and responsible use of natural resources

  3. ‘Green Channels’ – what and why? • UN Framework Convention on Climate Change • Green Channels provide a route to quicker patent protection via accelerated prosecution of (at least parts of) the patent application process through IPOs • The reasons are varied, but broadly the aim is both to encourage technological development and to open environmentally-friendly technology to a wider public.

  4. Green Channels – where? • Specific (non-pilot) programmes exist in • United Kingdom, South Korea, Canada, Israel • Pilot programmes in • Japan, USA • Accelerated prosecution channels (not specifically for cleantech, but which may be used for cleantech applications) exist in • Australia, EPO and others? • Green channels have been announced in • China

  5. Green Channels – how? • Implementation varies widely from country to country • Requirements also vary widely • Specific classes of technology in some countries but not in others • Specific formal requirements are different in all cases • Specific processes are different

  6. United Kingdom • Introduced in May 2009 • Process similar to usual method of accelerating prosecution • Needs written request stating which actions are to be accelerated • Only required to state that the application relates to green or environmentally-friendly technology • Grant achievable in weeks

  7. South Korea • Introduced in October 2009 • Applicant requests ‘super speed’ examination by having early search carried out by authorised agency and submitting results to KIPO • Prosecution shortened to a few weeks

  8. Israel • Introduced in 2010 • Applicant has to apply in writing explaining how the product or method helps to preserve the environment • If approved as ‘green’, then examination carried out within 3 months

  9. Canada • Introduced last month, March 2011 • Requires written request for both acceleration and to relationship of technology to mitigation of environmental impacts or conservation of natural environment or resources • Aim is to provide 1st exam report within 2 months • Applicant must respond within 3 months

  10. Japan • Pilot programme introduced in November 2009 • Requires a written request • Provides for accelerated examination

  11. USA • Pilot programme introduced in December 2009 • Said to be modelled on UK system • But originally restriction to explicit classes of technology – now lifted • Requires filing of detailed Petition and specific features • Fewer than 1000 applications since start • Pilot now extended to December 2011

  12. WIPO • IPC Green Inventory • Around 200 topics deemed to be environmentally sound based on UNFCCC • http://www.wipo.int/classifications/ipc/en/est/

  13. Questions • Do we need green channels? • Should there be a ‘quid pro quo’ for queue-jumping? • Why do requirements vary so much?

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