Patrice Préville, Partner, Patent Agent

Since 2011, it has been possible under Canada’s Patent Rules to accelerate the examination of patent applications that relate to green technology.

Green technology is defined in fairly broad terms in the rules: “technology, the commercialization of which would help to resolve or mitigate environmental impacts or to conserve the natural environment and resources.”

To benefit from this program, the applicant must:
• request an expedited examination from the Patent Office;
• submit a declaration indicating that the application relates to green technology.

The commissioner of patents does not review the merits of the request, so it is up to the applicant to make sure the declaration is accurate. However, the wording of the declaration is broad enough as to cover a wide range of environmentally beneficial inventions. If it is unclear and the invention satisfies the test set out in the rules, there are other ways to get the examination of the patent application advanced.

It is essential, however, to act with some speed during the examination as it will not be advanced by the commissioner (or will be returned to regular order) if a time limit is extended or the application has been abandoned.

According to CIPO statistics, interest has been steadily growing since the program was introduced.

In 2016, 50 requests were filed.

*as at March 22, 2017

Other patent offices have similar types of programs, including:
Japan:
https://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/outline_accelerated.htm
Australia:
https://www.ipaustralia.gov.au/patents/applying-patent/standard-patent-application-process/examination-standard-patent/expedited-examination-standard-patents
United Kingdom
https://www.gov.uk/guidance/patents-accelerated-processing