Fast Track for Green Technologies in Canadian Patent Office 



Winter 2010 - (Environment, Energy & Emissions Trading Brief Winter 2010/2011 )

Environment, Energy & Emissions Trading Brief Winter 2010/2011

In early October 2010, following the lead of the Patent Offices in the United States, United Kingdom and Korea, the Canadian Intellectual Property Office published a proposed amendment to the Patent Rules permitting applicants for green technology patents to request accelerated treatment of their application in the Patent Office. To do so, an applicant must file a declaration "indicating that the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or to conserve the natural environment and resources." The intent is to make it possible for inventors of such technologies to raise money and commercialize their invention earlier. 

However, it is important to note that an applicant who obtains this accelerated examination must adhere to all deadlines thereafter. If the applicant requests an extension of time for the completion of any step, or causes the application to become abandoned (even if it is subsequently reinstated) the application must return to its routine order.

The 30-day consultation period has expired, and barring some unexpected event the new provision should come into effect by early 2011.

This article appeared in Lang Michener's Environment, Energy & Emissions Trading Brief Winter 2010/2011.