U.S. Patent And Trademark Office Eliminates Classification Requirement For "Green Technology" Pilot Program

Wilson Sonsini Goodrich & Rosati
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In December 2009, the U.S. Patent and Trademark Office (USPTO) implemented a one-year pilot program to accelerate the examination of certain “green technology” patent applications. Under the program, a patent application can be advanced out of turn, which can lead to quicker examination. By patenting green technology innovations sooner, it is believed that entrepreneurs may secure funding, create businesses and jobs, and help bring these technologies to the market more quickly.

The USPTO has now eliminated one of the previously stated requirements, which will allow more applications into the green technology pilot program. A patent application is no longer required to fall into one of a few selected U.S. classifications for “green technologies.” Applicants whose previous petitions were dismissed solely on the basis of not meeting the classification requirement may file a renewed petition.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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