[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69049-69050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28394]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0083]
Expansion and Extension of the Green Technology Pilot Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: On December 8, 2009, the United States Patent and Trademark
Office (USPTO) implemented the Green
[[Page 69050]]
Technology Pilot Program, 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. Initially, participation was limited to applications
filed before December 8, 2009. The USPTO is hereby expanding the
eligibility for the pilot program to include applications filed on or
after December 8, 2009. The program is also being extended until
December 31, 2011. These changes 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: November 10, 2010.
Duration: The Green Technology Pilot Program will run until
December 31, 2011, except that the USPTO will accept only the first
3,000 grantable petitions to make special under the Green Technology
Pilot Program in unexamined applications irrespective of the filing
date of the application.
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; 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
Reduction, 74 FR 64666 (December 8, 2009), 1349 Off. Gaz. Pat. Office
362 (December 29, 2009) (Green Technology Notice). The pilot program is
designed to promote the development of green technologies. The Green
Technology Notice indicated that an applicant may have an application
advanced out of turn and reviewed earlier (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 USPTO
published a notice eliminating the classification requirement of the
Green Technology Pilot Program on May 21, 2010. See Elimination of the
Classification Requirement in the Green Technology Pilot Program, 75 FR
28554 (May 10, 2010), 1355 Off. Gaz. Pat. Office 188 (June 15, 2010).
The Green Technology Notice required inter alia that an application
be filed before December 8, 2009, the date of the original notice, to
participate in the program. The Green Technology Notice also
established that the program would run for twelve months from December
8, 2009. The USPTO is hereby expanding the eligibility for the pilot
program to include unexamined non-reissue non-provisional utility
applications filed on or after December 8, 2009. The USPTO is also
extending the pilot program through December 31, 2011. Specifically,
the Green Technology Pilot Program will run until 3,000 petitions have
been granted (as set forth in the Green Technology Notice) or until
December 31, 2011, whichever occurs earlier. Accordingly, if fewer than
3,000 grantable petitions are received, the pilot program will end on
December 31, 2011. These changes 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. Information concerning the number of petitions that
have been filed and granted under the Green Technology Pilot Program is
available on the USPTO's Internet Web site at http://www.uspto.gov/patents/init_events/green_tech.jsp. The USPTO may again extend the
pilot program (with or without modifications) depending on the feedback
from the participants and the effectiveness of the pilot program.
Applicants whose petitions were dismissed or denied solely on the
basis that their applications were not filed before December 8, 2009,
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.
Dated: October 15, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2010-28394 Filed 11-9-10; 8:45 am]
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