 Gill Jennings & Every LLP Cleantech and Green Channels  The what, why, where, and how – briefly!

 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

 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.

 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

 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

 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

 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

 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

 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

 Gill Jennings & Every LLP Japan  Pilot programme introduced in November 2009  Requires a written request  Provides for accelerated examination

 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

 Gill Jennings & Every LLP WIPO  IPC Green Inventory  Around 200 topics deemed to be environmentally sound based on UNFCCC 

 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?