New Path to Accelerated USPTO Examination with the Climate Change Mitigation Pilot ProgramJune 17, 2022

A few weeks back my colleague posted here about how to receive faster examination before the United States Patent and Trademark Office (USPTO). Now there is another avenue available for inventions related to climate change.

On June 3, 2022 the USPTO announced a Climate Change Mitigation Pilot Program to speed up examination for certain types of climate change-related inventions. What types of inventions? The new patent filings (non-provisional and non-continuing applications only that do not have a non-publication request) must include a claim to a greenhouse gas reduction technology. This can include for example a product or process that reduces greenhouse gas emissions.

Notably, an earlier provisional, PCT or foreign priority claim do not prevent participation in the Pilot Program. No additional fees are required. Instead the filing attorney or agent will submit a petition to confirm compliance with the Pilot Program (along with a few other formalities). This requires that the patent Applicant certifies and represents that they have a good faith belief that use of the Pilot Program to expedite patent examination will positively impact the climate and that none of the inventors have more than 4 other applications in this pilot program.

That is it. This is a pretty straight forward ticket to eligibility for this accelerated examination process. This means the patent application is granted “special status” such that it is advanced out of turn for examination.

As of now the program to accelerate examination of climate change-related inventions is initially set for the earlier of either one year – until June 5, 2023 – or the time when 1,000 patent applications have been accepted under this Pilot Program.

Jill Link is a Patent Attorney and Partner at McKee, Voorhees & Sease, PLC in the Chemical and Biotechnology Practice Group. For additional information please visit www.ipmvs.com or contact Jill directly via email at jill.link@ipmvs.com.