gill jennings & every llp cleantech and green channels the what, why, where, and how –...

Gill Jennings & Every LLP

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… Reducing or eliminating negative ecological impact, at the same

time as… Improving the productive and responsible use of natural resources


‘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.


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


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


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


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


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


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


Japan

Pilot programme introduced in November 2009 Requires a written request Provides for accelerated examination


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


WIPO

IPC Green Inventory Around 200 topics deemed to be environmentally sound based on

UNFCCC http://www.wipo.int/classifications/ipc/en/est/


Questions

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

gill jennings & every llp cleantech and green channels the what, why, where, and how –...

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