[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28554-28555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12328]


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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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