[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28554-28555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my10-37]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0042]
Elimination of Classification Requirement in the Green Technology
Pilot Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO)
implemented the Green Technology Pilot Program on December 8, 2009,
which permits patent applications pertaining to environmental quality,
energy conservation, development of renewable energy resources, and
greenhouse gas emission reduction to be advanced out of turn for
examination and reviewed earlier (accorded special status). The program
is designed to promote the development of green technologies. However,
the pilot program was limited to only applications classified in a
number of U.S. classifications to assist the USPTO to balance the
workload and gauge resources needed for the program. The USPTO has
determined that the classification requirement is unnecessary because
the workload has been balanced with other mechanism, and this
requirement was causing the denial of petitions for applications that
are drawn to green technologies. The USPTO is hereby eliminating the
classification requirement for any petitions that are decided on or
after the publication date of this notice. This will permit more
applications to qualify for the program, thereby allowing more
inventions related to green technologies to be advanced out of turn for
examination and reviewed earlier.
DATES: Effective Date: This change to the Green Technology Pilot
Program is effective May 21, 2010.
Duration: The Green Technology Pilot Program will run for twelve
months from December 8, 2009, and the USPTO will only accept the first
3,000 grantable petitions to make special under the Green Technology
Pilot Program in new applications filed before December 8, 2009.
Accordingly, if less than 3,000 grantable petitions are received, the
pilot program will end on December 8, 2010.
FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang,
Senior Legal Advisors, Office of Patent Legal Administration, Office of
the Associate Commissioner for Patent Examination Policy, by telephone
at 571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-
7726, marked to the attention of Pinchus M. Laufer; or by mail
addressed to: Mail Stop Comments Patents, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.
SUPPLEMENTARY INFORMATION: The USPTO published a notice for the
implementation of the Green Technology Pilot Program on December 8,
2009. See Pilot Program for Green Technologies Including Greenhouse Gas
[[Page 28555]]
Reduction, 74 FR 64666 (December 8, 2009), 1349 Off. Gaz. Pat. Office
362 (December 29, 2009) (Green Technology Notice). The Green Technology
Notice indicated that an applicant may have an application advanced out
of turn (accorded special status) for examination, if the application
pertained to green technologies including greenhouse gas reduction
(applications pertaining to environmental quality, energy conservation,
development of renewable energy resources or greenhouse gas emission
reduction) and met other requirements specified in the Green Technology
Notice. The pilot program was designed to promote the development of
green technologies. The USPTO received positive feedback and
suggestions from the stakeholders regarding the pilot program.
The Green Technology Notice required inter alia that the
application be classified in one of the U.S. classifications listed in
the Green Technology Notice to be accorded special status under the
Green Technology Pilot Program. Limiting the pilot program to only
applications classified in these U.S. classifications assisted the
USPTO to balance the workload and gauge resources needed for the
program. The USPTO has determined that the classification requirement
in the Green Technology Notice is unnecessary because the workload has
been balanced with other mechanism, and this requirement was causing
the denial of petitions for applications that are drawn to green
technologies. Therefore, the USPTO is hereby eliminating the
classification requirement for any petitions that are decided on or
after the publication date of this notice. This will permit more
applications to qualify for the pilot program, thereby allowing more
inventions related to green technologies to be advanced out of turn for
examination and reviewed earlier. Applicants whose petitions were
dismissed or denied solely on the basis that their applications did not
meet the classification requirement may file a renewed petition. If the
renewed petition is filed within one month of the publication date of
this notice, it will be given priority as of the date applicant filed
the initial petition.
To participate in the pilot program, applicant must file a petition
to make special under the Green Technology Pilot Program that satisfies
all other requirements set forth in the Green Technology Notice. For
example, to satisfy the eligibility requirements, the petition must
contain the following statements. The petition must include a statement
providing the basis for the special status (e.g., for an application
pertaining to environmental quality, the petition must state that
special status is sought because the invention materially enhances the
quality of the environment by contributing to the restoration or
maintenance of the basic life-sustaining natural elements). The
petition must also include a statement explaining how the materiality
standard is met, unless (1) the application clearly discloses that the
claimed invention materially enhances the quality of the environment by
contributing to the restoration or maintenance of one of the basic
life-sustaining natural elements, or (2) the application disclosure is
clear on its face that the claimed invention materially contributes to
(a) development of renewable energy or energy conservation, or (b)
greenhouse gas emission reduction.
Dated: May 12, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2010-12328 Filed 5-20-10; 8:45 am]
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