News

Preti Flaherty Examines the USPTO's Recent Effort to Accelerate Green Technology Patent Applications

12.09.2009

Preti IP and Climate Strategy Attorneys Comment on the Program's Impact in New England

December 9, 2009 – The U.S. Patent and Trademark Office (USPTO) has announced a pilot program designed to accelerate the examination of "green" technology patent applications. The program is intended to allow the development and deployment of green technology and green jobs in the U.S. and was announced by Commerce Secretary Gary Locke on Dec. 7. The USPTO is an agency within The Department of Commerce.

Preti Flaherty's Intellectual Property and Climate Strategy Groups believe the program will be beneficial to Maine and New England businesses pursuing – or considering – the development of green projects.

According to attorney Alfred Frawley, Chair of Preti Flaherty's Intellectual Property Practice Group, ""There is great excitement in Northern New England concerning new, green technologies to foster energy production and efficiency. In many cases, patented solutions will contribute to accomplishing these goals. The USPTO's plan will increase the opportunities for these technological solutions to profitably come to market."

According to the USPTO announcement, the pilot program will:

· Review the first 3,000 green technology patent applications on an accelerated basis.

· Assign "special status" to pending patent applications (of green technologies) which should speed up the patenting process by about one year.

Frawley explained that the patent application process typically takes about 30 months to obtain a first action, 40 months or more to obtain a final decision. "Obtaining a patent faster will accelerate related business factors, such as financing, business formation and product launch," Frawley said.

Steve Hudson, a Preti Flaherty attorney practicing with the firm's Climate Strategy Group, represents clients in developing, permitting and financing renewable energy and micro-generation projects. "As we support our clients in developing green projects, it's very promising to learn that the USPTO is supportive of businesses that are proactively addressing the reality of climate change. Preti Flaherty helps our clients navigate the maze of federal and state requirements in order to bring projects on-line faster and thereby get to market faster. Our focus has been on 'doing climate change right' and this Patent Office program is an important step in that direction."

Preti Flaherty's Intellectual Property, Energy and Climate Strategy Group work collaboratively to help clients bring renewable energy and green initiatives to the New England and national marketplace.
Preti IP and Climate Strategy Attorneys Comment on the Program's Impact in New England