The Gatherer | Volume 4

24-25 / 28

24|The Gatherer | 25
GOING GREEN:
THE BENEFITS OF GREEN
TECHNOLOGY PATENTS
One of the biggest
challenges of the 21st
century is how to
combat climate change
and its global impact.
Innovation in ‘green
technologies’ is central
to finding the solutions.
Patent offices around the
world have recognised
the importance of the
relationship between the
development of green
technologies and patents.
Because of this, a number
of ‘fast tracking’ programs
have been implemented
to encourage the use of
the patent system.
Programs for ‘fast-tracking’
green technology patents
Programs for fast-tracking of patent
applications allow for accelerated
or expedited examination of patent
applications. These programs aim
to bypass the long waiting periods
experienced by some patent offices.
Programs for fast tracking of green
patents programs have been
initiated in various countries, such
as Australia, Japan, United States,
Canada, United Kingdom, Korea,
Israel, Brazil and China.
Why fast track?
The motivation behind such fast
track programs is to minimise any
prosecution delays at the patent
offices in order to:
• Allow patent applicants
to license and use their
technologies earlier, increasing
diffusion of the green
technology into society
• Allow early publication of the
patent which also increases
diffusion of the technical
knowledge of the patent.
Benefits of fast tracking
While the above benefits are
certainly altruistic in nature, there
are additional benefits to the patent
applicant. In most cases, the biggest
advantage is that a fast patent grant
will provide greater confidence
in the technology, help to attract
investors and aid in overall growth.
Disadvantages of fast
tracking
It is not always in an applicant’s
best interest to have a grant as
soon as possible. By delaying the
prosecution time, the final form
of the claims is also delayed. This
allows the applicant more time to
determine how the invention will
be embodied commercially before
finalising the claim scope.
Since patent applications must
be disclosed when the patent is
granted, an early grant could result
in the publication of the patent prior
to the normal publication date. In
certain circumstances, this could
limit the competitive advantage
associated with being able to
commercially use the technology,
while full details of the patent
remain unpublished.
Does my technology qualify?
Each patent office has its own set
of guidelines for what qualifies as
‘green technology’. Generally, the
technology has an environmental
benefit, such as energy or
environmental quality.
In Australia, expedited examination
may be requested for technologies
that are environmentally friendly. A
request for expedited examination
must be in writing and must include
reasons why the technology
should be considered as green. The
expected time frame for receiving
an examination report (clear or
adverse) is within 8 weeks from the
date of the request.
TYSON KEED
Associate