CIPO proposes amendments to spur green technology
In order to promote innovation in green technologies and help spur the development the green sector of Canada’s economy, the Canadian Intellectual Property Office(“CIPO”) has proposed amendments to the Patent Rules to accelerate the examination of green technology patent applications.
Currently, under the Patent Rules, the commissioner of patents has the authority to expedite the examination of an application upon request and payment of a fee. CIPO proposes to expand this authority by including a mechanism to accelerate the examination of patent applications related to green technologies. Under CIPO’s proposal, no fees would be required in order to advance the examination of eligible patent applications related to green technologies. Rather, in order to be granted access to the expedited examination service, the applicant would have to submit a declaration stating that their application relates to technology that if commercialized, could help resolve or mitigate environmental impacts or conserve natural resources.
CIPO’s proposal appears to be good news for green technology and green energy businesses that are actively engaging in research and development in Canada. Earlier patenting should result in benefits such as the earlier availability of financing and earlier access to patent enforcement steps. These benefits should in turn help ensure that environmentally beneficial products get to the market more rapidly.
If the proposal is accepted, Canada will join the United States in providing accelerated examination of green technology patent applications. The United States Patent and Trademark Office has had a green technology pilot program in place to accelerate green technology patent applications since December 2009.
CIPO’s proposal will be recommended for publication for a 30-day consultation period in the Canada Gazette, Part I in fall of '10.
