Since March 3, 2011, the Canadian Intellectual Property Office (CIPO) has had in a place a green technology “fast-track” program with the objective of expediting the procurement of patent protection for green technologies. Provided that a patent application relates to “technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources”, examination of the application can be accelerated without the payment of any additional fees to CIPO.
Under accelerated examination, an Office Action is typically received within 1 to 3 months of requesting participation in the “fast-track” program. This is a significant reduction from the 12 to 24 months it typically takes to receive an Office Action under the regular examination stream.
If an application is not related to green technology, there are other options for accelerating examination. For instance, a patent applicant can request accelerated examination if it can satisfy the Commissioner of Patents that failure to advance the application is likely to prejudice the applicant’s rights. This option involves the payment of a $500 CAD fee to CIPO.
Alternatively, the Patent Prosecution Highway (PPH) program allows, under certain circumstances, for accelerated examination of a Canadian application where a foreign patent office has found at least one claim in the corresponding foreign application to be patentable.
There are a number of considerations that should be taken into account when deciding whether or not to accelerate examination of a patent application. While it is not always desirable for a patent to issue as early as possible, it is important to keep in mind that options exist to accelerate the process when indicated.
For more information about patent protection for green technology and the options for accelerating examination of a Canadian patent application, please contact Melanie Ward at melanie.ward@hicksip.com.