(289) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0042]
Elimination of Classification Requirement in the
Green Technology Pilot Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO) implemented
the Green Technology Pilot Program on December 8, 2009, which permits patent
applications pertaining to environmental quality, energy conservation,
development of renewable energy resources, and greenhouse gas emission
reduction to be advanced out of turn for examination and reviewed earlier
(accorded special status). The program is designed to promote the development
of green technologies. However, the pilot program was limited to only
applications classified in a number of U.S. classifications to assist the
USPTO to balance the workload and gauge resources needed for the program. The
USPTO has determined that the classification requirement is unnecessary
because the workload has been balanced with other mechanism, and this
requirement was causing the denial of petitions for applications that are
drawn to green technologies. The USPTO is hereby eliminating the
classification requirement for any petitions that are decided on or after the
publication date of this notice. This will permit more applications to qualify
for the program, thereby allowing more inventions related to green
technologies to be advanced out of turn for examination and reviewed earlier.
DATES: Effective Date: This change to the Green Technology Pilot Program is
effective May 21, 2010.
Duration: The Green Technology Pilot Program will run for twelve months
from December 8, 2009, and the USPTO will only accept the first 3,000
grantable petitions to make special under the Green Technology Pilot Program
in new applications filed before December 8, 2009. Accordingly, if less than
3,000 grantable petitions are received, the pilot program will end on
December 8, 2010.
FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang,
Senior Legal Advisors, Office of Patent Legal Administration, Office of the
Associate Commissioner for Patent Examination Policy, by telephone at
571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-7726,
marked to the attention of Pinchus M. Laufer; or by mail addressed to: Mail
Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
SUPPLEMENTARY INFORMATION: The USPTO published a notice for the implementation
of the Green Technology Pilot Program on December 8, 2009. 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 including
greenhouse gas reduction (applications pertaining to environmental quality,
energy conservation, development of renewable energy resources or greenhouse
gas emission reduction) and met other requirements specified in the Green
Technology Notice. The pilot program was designed to promote the development
of green technologies. The USPTO received positive feedback and suggestions
from the stakeholders regarding the pilot program.
The Green Technology Notice required inter alia that the application be
classified in one of the U.S. classifications listed in the Green Technology
Notice to be accorded special status under the Green Technology Pilot Program.
Limiting the pilot program to only applications classified in these U.S.
classifications assisted the USPTO to balance the workload and gauge resources
 Top of Notices (289) December 25, 2012 |
US PATENT AND TRADEMARK OFFICE |
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needed for the program. The USPTO has determined that the classification
requirement in the Green Technology Notice is unnecessary because the workload
has been balanced with other mechanism, and this requirement was causing the
denial of petitions for applications that are drawn to green technologies.
Therefore, the USPTO is hereby eliminating the classification requirement for
any petitions that are decided on or after the publication date of this notice.
This will permit more applications to qualify for the pilot program, thereby
allowing more inventions related to green technologies to be advanced out of
turn for examination and reviewed earlier. Applicants whose petitions were
dismissed or denied solely on the basis that their applications did not meet
the classification requirement may file a renewed petition. If the renewed
petition is filed within one month of the publication date of this notice,
it will be given priority as of the date applicant filed the initial petition.
To participate in the pilot program, applicant must file a petition to
make special under the Green Technology Pilot Program that satisfies all other
requirements set forth in the Green Technology Notice. For example, to satisfy the
eligibility requirements, the petition must contain the following statements.
The petition must include a statement providing the basis for the special
status (e.g., for an application pertaining to environmental quality, the
petition must state that special status is sought because the invention
materially enhances the quality of the environment by contributing to the
restoration or maintenance of the basic life-sustaining natural elements).
The petition must also include a statement explaining how the materiality
standard is met, unless (1) the application clearly discloses that the
claimed invention materially enhances the quality of the environment by
contributing to the restoration or maintenance of one of the basic life-
sustaining natural elements, or (2) the application disclosure is clear on
its face that the claimed invention materially contributes to (a) development
of renewable energy or energy conservation, or (b) greenhouse gas emission
reduction.
May 12, 2010 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1355 OG 188]