Expedited Examination of Patent Applications Related to Green Technology
Introduction
The Canadian Intellectual Property Office's (CIPO) initiative to expedite the examination of patent applications related to green technology came into force March 3, 2011, and was published in Canada Gazette, Part II.
Background
The amendments to the Patent Rules are in line with the Government of Canada's priorities on science and technology, supporting the growth of small and medium-sized enterprises (SMEs), developing a clean energy economy and taking government action on global warming and capacity building.
Accelerating the prosecution of patent applications relating to environmental (green) technologies within the Canadian intellectual property system will foster investment and expedite commercialization of technologies that could help to resolve or mitigate environmental impacts or to conserve the natural environment and resources.
The Commissioner of Patents currently has the authority to expedite the examination of an application upon request and payment of a fee. The previous criteria in the Patent Rules have now been expanded to provide a mechanism to accelerate the examination of patent applications relating to green technologies.
No additional fee is required for advancing the examination of patent applications related to green technologies. In order to be granted access to the expedited examination service for green technologies, a patent applicant must submit a declaration stating that their application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources.
The acceptance of a request for expedited examination under this proposed service is only intended to enable rapid prosecution of specific applications and is not a government endorsement of any particular patent.
In addition, CIPO will be setting new service standards to speed up the prosecution of all patent applications that benefit from expedited examination. The Office will produce a substantive office action within two months following receipt of an applicant's request or response. A response from the applicant to the examiner's report will be required within three months from the date of the examiner's report.
The amendments are intended to assist in stimulating the creation and diffusion of technology and to encourage and protect innovation and technology transfer by providing quick access to Canada's strong intellectual property regime. They will further assist in contributing to an effective response to environmental challenges by helping to ensure that environmentally beneficial patents reach the marketplace more rapidly.
The amendments also eliminate undue delays that are contrary to the objectives of the accelerated examination provision. After April 30, 2011, the Commissioner will not advance an application for examination out of its routine order and will return to its routine order any application that has been advanced for examination should the applicant cause any delay to occur during the prosecution. Examples of delay would be allowing the application to be deemed abandoned, or requesting that the Commissioner extend a deadline.
Consultation process
Proposed amendments to the Patent Rules were published in the Canada Gazette, Part I for a 30-day consultation period between October 3, 2010 and November 1, 2010. See comments received during consultation period.