(285) DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2011-0078]
Sunset of the Patent Application Backlog Reduction
Stimulus Plan and a Limited Extension of the
Green Technology Pilot Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (Office) has
provided two procedures under which an applicant may have an
application accorded special status for examination. The Patent
Application Backlog Reduction Stimulus Plan is available if the
applicant expressly abandons another copending unexamined application.
The Green Technology Pilot Program is available to patent applications
pertaining to environmental quality, energy conservation, development of
renewable energy resources, and greenhouse gas emission reduction. In view
of the trend in filings under the Patent Application Backlog Reduction
Stimulus Plan, this plan has fulfilled its purpose and will not be
extended. In view of the success of the Green Technology Pilot Program,
this plan will be extended until 500 additional applications have been
accorded special status under this program or until March 30, 2012,
whichever occurs earlier. Following the expiration of this extension, the
program will be eliminated, and applicants may instead use the newly
enacted Prioritized Examination (Track I) program. The Track I program not
only provides advancement of examination, but sets a target of reaching
final disposition within 12 months from the time advancement is initiated.
Furthermore, the advancement in the Track I program is available to all
technologies and is not restricted to certain categories of invention as in
the Pilot Program.
DATES: Effective Date: December 15, 2011. The Patent Application
Backlog Reduction Stimulus Plan became effective on November 27, 2009,
was modified on June 24, 2010, and was extended on November 22, 2010.
The Green Technology Pilot Program became effective on December 8,
2009, was modified to eliminate the classification requirement on May
21, 2010, and was extended on November 10, 2010.
FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer or Michael Cygan,
Office of Patent Legal Administration, Office of the Associate
Commissioner for Patent Examination Policy, by telephone at (571) 272-
7726 or (571) 272-7700; or by mail addressed to: Mail Stop Comments
Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-
1450.
SUPPLEMENTARY INFORMATION: On November 27, 2009, the USPTO published a
notice in the Federal Register providing an additional temporary basis
(the Patent Application Backlog Reduction Stimulus Plan) under which a
small entity applicant may have an application accorded special status
for examination if the applicant expressly abandons another copending
unexamined application. See Patent Application Backlog Reduction
Stimulus Plan, 74 FR 62285 (Nov. 27, 2009), 1349 Off. Gaz. Pat. Office
304 (Dec. 22, 2009) (notice). The USPTO indicated that the plan would
last for the period ending on February 28, 2010, but may be extended
for an additional time period thereafter. See Patent Application
Backlog Reduction Stimulus Plan, 74 FR at 62287, 1349 Off. Gaz. Pat.
Office at 306. The USPTO extended the plan for an additional four
months to June 30, 2010. See Extension of the Patent Application
Backlog Reduction Stimulus Plan, 75 FR 5041 (Feb. 1, 2010), 1351 Off.
Gaz. Pat. Office 202 (Feb. 23, 2010). Subsequently, the USPTO expanded
the plan to eliminate the small entity requirement and further extended
its duration to expire at the earlier of the December 31, 2010 date, or
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the date that 10,000 applications have been accorded special status
under this plan. See Expansion and Extension of the Patent Application
Backlog Reduction Stimulus Plan, 75 FR 36063 (June 24, 2010), 1356 Off.
Gaz. Pat. Office 173 (July 20, 2010). The USPTO further extended the
plan to expire at the earlier of December 31, 2011, or the date that
10,000 applications have been accorded special status under this plan.
See Extension of the Patent Application Backlog Reduction Stimulus
Plan, 75 FR 71072 (Nov. 22, 2010), 1361 Off. Gaz. Pat. Office 230 (Dec.
28, 2010). Filings under this plan reached a peak in late 2010 and have
since steadily decreased. Accordingly, as those desiring the benefits
of this plan have taken advantage of its provisions, the Patent
Application Backlog Reduction Stimulus Plan has run its course and will
not be further extended beyond December 31, 2011.
On December 8, 2009, the USPTO published a notice for the
implementation of the Green Technology Pilot Program. See Pilot Program
for Green Technologies Including Greenhouse Gas Reduction, 74 FR 64666
(December 8, 2009), 1349 Off. Gaz. Pat. Office 362 (December 29, 2009)
(Green Technology Notice). The Green Technology Notice indicated that
an applicant may have an application advanced out of turn (accorded
special status) for examination, if the application pertained to green
technologies and met other requirements specified in the Green
Technology Notice. The USPTO published a notice eliminating the
classification requirement of the Green Technology Pilot Program on May
21, 2010. See Elimination of the Classification Requirement in the
Green Technology Pilot Program, 75 FR 28554 (May 10, 2010), 1355 Off.
Gaz. Pat. Office 188 (June 15, 2010). The USPTO further extended the
program to expire at the earlier of December 31, 2011, or the date that
3,000 applications have been accorded special status under this
program. See Expansion and Extension of the Green Technology Pilot
Program, 75 FR 69049 (Nov. 10, 2010), 1361 Off. Gaz. Pat. Office 50
(Dec. 7, 2010). In view of the success of the Green Technology Pilot
Program in the designated technology areas, the Green Technology Pilot
Program will be extended until an additional 500 applications have been
accorded special status under this program (for a total of 3,500
applications) or March 30, 2012, whichever occurs earlier. Following
the expiration of this extension, the program will be eliminated, and
applicants may instead seek to use the newly enacted Prioritized
Examination (Track I) program.
The Prioritized Examination (Track I) program permits an applicant
to have an application advanced out of turn (accorded special status)
for examination under 37 CFR 1.102(e), if the application contains,
upon filing, a request for prioritized (Track I) examination
accompanied by the appropriate fees. See Changes to Implement the
Prioritized Examination Track (Track I) of the Enhanced Examination
Timing Control Procedures Under the Leahy-Smith America Invents Act, 76
FR 59050 (September 23, 2011), 1371 Off. Gaz. Pat. Office 151 (October
18, 2011) (Track I Notice).
The Track I Program provides prioritized examination having a more
aggressive time frame for examination than the Green Technology Pilot
Program, with an aggregate goal of reaching final disposition within 12
months and maintains an enhanced special status of the application
throughout prosecution until final disposition. Additionally, the Track
I Program does not have the restrictions of the Green Technology Pilot
Program on the types of inventions for which special status may be
sought, as the Track I Program does not require a connection to any
particular technology.
In view of the ability of any applicant to request prioritized
examination with the filing of an application under the procedure set
forth in the Track I Notice, the Green Technology Pilot Program will
not be extended past the earlier of March 30, 2012, or the date that
3,500 applications have been accorded special status under this
program.
December 7, 2011 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
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