Companies in the renewable energy sector need technology partnerships in order to meet the global requirements for a sustainable energy supply. Building up a patent portfolio for their own technologies is crucial in order to be able to enter into corresponding alliances through cooperation or License Agreements. Patents serve as proof of innovative strength and attract investment. To promote the commercialization of green technologies, the World Intellectual Property Organization (WIPO) provides an online platform that aims to promote technology exchange by bringing together technology providers and consumers.

However, the fast-moving renewable energy market is faced with the problem that long processing times in many patent offices around the world often delay the granting of patents. The political will to implement the Paris Climate Agreement has therefore led to various patent offices worldwide introducing programs for the accelerated examination of Patent Applications in the field of renewable technologies, which nine patent offices are currently still adhering to.

About Us has compiled an overview of the individual programs and the respective requirements here. If you would like to use such acceleration programs for your technologies, please contact us.

Europe

The European Patent Office (EPO) does not offer a special program to accelerate Examination Proceedings for green technologies. However, accelerated examination can be requested for all Patent Applications under the “Program for Accelerated Prosecution of European Patent Applications (PACE)”. The request does not have to be substantiated and is free of charge. Patent Applications in the PACE program usually receive a decision on examination within three months of filing the application. Where possible, all further office actions are also issued within three months of the applicant’s previous opinion, unless the applicant has requested an extension of the time limit and has thus dropped out of the PACE program.

United Kingdom

The United Kingdom offers faster patent procedures for green technologies with the “Green Channel” program, which is aimed at all environmentally friendly technologies. A written application is required, describing how the invention is environmentally friendly and specifying which measures are to be accelerated (search, combined search and examination and/or publication). The application is free of charge.

“Green Channel” Patent Applications can be granted after around 9 to 12 months, which can result in a significant time advantage compared to the average three to four years in the standard procedure. Applications seeking protection in the UK via a European Patent Application cannot benefit from the Green Channel program, but can use the European Patent Office’s PACE program instead.

China

The China National Intellectual Property Administration (CNIPA) allows patent applicants to apply for prioritized examination for Patent Applications concerning green technologies, especially in the field of “energy conservation and environmental protection, new generation information technology, new energy, new materials, new energy vehicles, etc.”. An application for prioritized examination, including all attachments, must be filed electronically, and it is recommended that foreign patent applicants submit the application to the Beijing Local Intellectual Property Office. Foreign applicants must electronically Filing the application form, a declaration with justification for access to prioritized examination, a power of attorney and an extract from the commercial register, each in certified copy, as well as a copy of the CNIPA’s notice of commencement of substantive examination, copies of the already known prior art and a Chinese translation of the extract from the commercial register. The application is free of charge.

The local Intellectual Property Office will review the application and, if approved, forward it to the CNIPA for final approval. If the application is accepted, a first review decision can be expected after around 45 days instead of the usual 8-10 months.

Japan

The Japan Patent Office (JPO) offers an accelerated examination for applications in the field of “green technology”. The prerequisite for the program is that the inventions have an energy-saving effect and contribute to_{CO2 reduction}. A request for accelerated examination can be submitted to the JPO within three years of the filing date. Patent Applications must explain why the invention is a green technology and how the patent claims are distinct from the prior art. The application is free of charge.

As part of the accelerated review, the first review decision, which is usually expected after an average of 10.2 months, is issued after an average of 2.7 months.

South Korea

Patent Applications that directly relate to “green technologies” can be examined by the South Korean Patent Office on an accelerated basis. In particular, applications relating to technology certified under the Basic Act on Low Carbon Green Growth or filed by certified companies as well as applications that have received financial support or certification in connection with other government measures are considered “green technologies”. The request for accelerated examination must be accompanied by evidence as to why the Application qualifies as a “green technology” and a search report comparing the invention to the prior art.

The application is subject to a fee (approx. 145 EUR/CHF) and shortens the waiting time for a first examination decision by around nine months, so that it can be expected after around two months.

Canada

In Canada, Patent Applications for “green technologies that, when commercialized, contribute to the elimination or reduction of environmental pollution or the conservation of nature or natural resources” are encouraged. Patent Applications wishing to take advantage of the funding program must submit an application and declare that the invention relates to such green technology. The application for acceleration is free of charge. It is also necessary to agree to public inspection of the files.

If the request for acceleration is granted, an initial examination decision can be expected in around three months; this corresponds to a reduction of around 10 months compared to the standard procedure.

Brazil

The Brazilian Patent Office offers acceleration opportunities for Patent Applications under its “Green Patents Program”, which promotes technologies for alternative and nuclear energy generation and energy saving, particularly in the transport sector. Patents granted under the “Green Patents Program” receive the official designation “Patentes Verdes” (Green Patents) and thus additional market and marketing value for attracting customers or Investors.

On average, the time to grant a patent, which usually takes more than 10 years in Brazil, is reduced to just over a year under the accelerated procedure.

Taiwan

The Taiwan Intellectual Property Office (TIPO) promotes green technologies that improve energy conservation, develop new energy sources and renewable energy vehicles, reduce carbon or conserve resources. The request for accelerated examination must include a written justification as to why the invention qualifies as green technology, ensuring that the patent claims are specifically directed to such technology. A fee of approximately 125 EUR/CHF must be paid with the application.

Examination results can then be expected within around six months of receipt of the application, although the actual waiting time may vary depending on the specific area of technology covered by the invention. On average, the processing time at TIPO can be expected to be halved.

Australia

In Australia, it is possible to apply for accelerated patent examination for “environmentally friendly” technologies by submitting a declaration that the technology offers environmental benefits. The request for accelerated examination is free of charge and can be made in writing or by telephone.

The time from filing the request for examination to the start of the patent examination can thus be reduced from approximately one year to around four to eight weeks.

Israel

The Israeli Patent Office has also launched an accelerated patent examination program for “green applications”. Patent Applications are eligible for the program “where the described invention improves the environment, including by preventing the causes of global warming, reducing air or water pollution, promoting environmentally friendly agriculture, dealing with alternative energy sources, etc.”. There are no additional fees for the acceleration request.

In the accelerated examination procedure, a search report or examination decision can be expected after around three months, i.e. around two years faster than in the standard procedure.