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Gill Jennings & Every LLP Cleantech and Green Channels The what, why, where, and how – briefly!
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Gill Jennings & Every LLP What is Cleantech? Cleantech represents a diverse range of products, services, and processes, all intended to: Provide superior performance at lower costs, while… Reducing or eliminating negative ecological impact, at the same time as… Improving the productive and responsible use of natural resources
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Gill Jennings & Every LLP ‘Green Channels’ – what and why? UN Framework Convention on Climate Change Green Channels provide a route to quicker patent protection via accelerated prosecution of (at least parts of) the patent application process through IPOs The reasons are varied, but broadly the aim is both to encourage technological development and to open environmentally-friendly technology to a wider public.
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Gill Jennings & Every LLP Green Channels – where? Specific (non-pilot) programmes exist in United Kingdom, South Korea, Canada, Israel Pilot programmes in Japan, USA Accelerated prosecution channels (not specifically for cleantech, but which may be used for cleantech applications) exist in Australia, EPO and others? Green channels have been announced in China
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Gill Jennings & Every LLP Green Channels – how? Implementation varies widely from country to country Requirements also vary widely Specific classes of technology in some countries but not in others Specific formal requirements are different in all cases Specific processes are different
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Gill Jennings & Every LLP United Kingdom Introduced in May 2009 Process similar to usual method of accelerating prosecution Needs written request stating which actions are to be accelerated Only required to state that the application relates to green or environmentally-friendly technology Grant achievable in weeks
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Gill Jennings & Every LLP South Korea Introduced in October 2009 Applicant requests ‘super speed’ examination by having early search carried out by authorised agency and submitting results to KIPO Prosecution shortened to a few weeks
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Gill Jennings & Every LLP Israel Introduced in 2010 Applicant has to apply in writing explaining how the product or method helps to preserve the environment If approved as ‘green’, then examination carried out within 3 months
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Gill Jennings & Every LLP Canada Introduced last month, March 2011 Requires written request for both acceleration and to relationship of technology to mitigation of environmental impacts or conservation of natural environment or resources Aim is to provide 1 st exam report within 2 months Applicant must respond within 3 months
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Gill Jennings & Every LLP Japan Pilot programme introduced in November 2009 Requires a written request Provides for accelerated examination
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Gill Jennings & Every LLP USA Pilot programme introduced in December 2009 Said to be modelled on UK system But originally restriction to explicit classes of technology – now lifted Requires filing of detailed Petition and specific features Fewer than 1000 applications since start Pilot now extended to December 2011
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Gill Jennings & Every LLP WIPO IPC Green Inventory Around 200 topics deemed to be environmentally sound based on UNFCCC http://www.wipo.int/classifications/ipc/en/est/ http://www.wipo.int/classifications/ipc/en/est/
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Gill Jennings & Every LLP Questions Do we need green channels? Should there be a ‘quid pro quo’ for queue-jumping? Why do requirements vary so much?
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