USPTO Cleantech Customer Partnership Slides
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Learn more about the United States Patent and Trademark Office (USPTO) Clean Technology Partnership and Green Technology Pilot Programs. ...

Learn more about the United States Patent and Trademark Office (USPTO) Clean Technology Partnership and Green Technology Pilot Programs.

Clean technology includes products and services that improve operational performance, productivity or efficiency while reducing costs, inputs, energy consumption, waste or pollution. Alternative energy sources, water and gas purification and soil remediation, as well as other technologies centered on increasing energy efficiency and non-toxic production incorporate clean technology.

This slideshow was presented during the USPTO's first Clean Technology Partnership Meeting (April 27, 2011).

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  • As a result of this customer partnership, since Nov 2003 USPTO has been sending about 50 examiners per month nanotech training events sponsored by the Atlantic Nano Forum. (thank Chad Weiland of Buchanan Ingersoll).
  • As a result of this customer partnership, since Nov 2003 USPTO has been sending about 50 examiners per month nanotech training events sponsored by the Atlantic Nano Forum. (thank Chad Weiland of Buchanan Ingersoll).

USPTO Cleantech Customer Partnership Slides Presentation Transcript

  • 1. Partnership Kickoff Bruce Kisliuk Assistant Deputy Commissioner for Patents
  • 2. USPTO Cleantech Customer Partnership Initiative
    • Goals of the Partnership:
      • Sharing concerns and information about Clean Technologies, including both patenting–related aspects and technology-related aspects,
      • Establishing contacts for technical training programs for examiners,
      • Helping applicants better understand what we do, hopefully leading to better filed and prosecuted applications and better issued patents, and
      • Advancing the development and use of Clean Technologies.
  • 3. USPTO Patent Examiner Technical Training Program
    • The Patent Examiner Technical Training Program is a new mechanism providing patent examiners with direct access to experts in their fields who are willing to share their technical knowledge on prior art and industry standards in the various technologies examined throughout the patent corps.
    • We have trained more than 1,200 examiners and hosted upwards of 20 organizations including Facebook, Apple, IBM, VISA, UPS, Hitachi, SAS and St. Jude Medical.
    • Interested participants should contact the USPTO and identify their area of expertise by filling out the online form available at http:// www.uspto.gov/patents/pettp.jsp , or by sending an email to [email_address] .
    • In an effort to allow for more flexibility in delivering training for those who elect not to travel, training can be delivered using Webinars (web-based seminars) in this program.
  • 4. Patents Classified as Both Greentech & Nanotech
  • 5. Patents Classified as Both Green & Nanotech
  • 6. Green Technology Petition Pilot Jacqueline Stone Director, TC 1600
  • 7. Green Tech: Discussion Points
    • 1. Authority and Overview : resources / overview
    • 2. Petition Requirement : common errors and tips
    • 3. Petition Review : process, statistics, examples
    • 4. Future
  • 8. Green Tech: Authority
    • Federal Register: December 8, 2009 (Vol. 74, No. 234); pages 64666-64669; modified May 21, 2010 (Vol. 75, No. 98); pages 28554-28555; modified November 10, 2010 (Vol. 75, No. 217); pages 69049-69050.
    • Pilot was announced by Secretary Locke in Washington, DC – coinciding with the start of UN’s Climate Change Conference in Copenhagen, Denmark
    • Part of an Obama Administration effort to spur innovation and create jobs
    • Information, including Press Release, Federal Register Notice, Form, FAQs, Statistics and Contacts, can be found at: http://www.uspto.gov/patents/init_events/green_tech.jsp
  • 9. Green Tech: Overview
    • Pilot was extended on November 10, 2010 to run until December 31, 2011
    • Was initially limited to specific areas of green technology
      • Initially required to meet USPC requirements set forth in the Federal Register Notice; however, this requirement was dropped in May in response to stakeholder feedback
    • Limited to the first 3,000 petitions granted by USPTO
    • “ Special” status
      • Advances an application out of turn for initial examination
      • Accorded special status in any appeal to the BPAI and in the patent publication process
  • 10. Green Tech: Filing Requirements
    • Non-reissue, non-provisional utility application filed under 35 USC 111(a) or a 35 USC 371 application
    • Filed electronically via EFS-Web
    • Filed at least one day prior to the date that a first Office action appears in PAIR
    • Include a request for early publication in compliance with 37 CFR 1.219 and the publication fee as set forth in 37 CFR 1.18(d). Note that payment is required even if the application has already published
  • 11. Green Tech: Filing Requirements
    • 5. ≤3/20 claims directed to a single invention having no multiple dependent claims
    • 6. State basis for special status and include a statement explaining how the materiality standard is met
    • 7. Statement that the applicant agrees to make a telephonic election without traverse if a restriction requirement is made by the examiner
  • 12. Green Tech: Common Filing Errors
    • Petition missing materiality statement
    • Petition does not include publication fee
  • 13. Green Tech: Filing Tips
    • Use of form PTO/SB/420 is strongly encouraged
    • Include payment of publication fee
      • Must be paid even if application has been published
  • 14. Green Tech: Petition Review
    • The Technology Centers are currently deciding all Green Technology petitions
    • Current goal is for an initial decision to be rendered within two weeks of petition receipt date
    • Applications must be in a docket-ready status, i.e. released by Office of Patent Application Processing (OPAP), in order for a decision to be rendered
    • A single request for reconsideration may be filed within 30 days of a decision dismissing the petition
  • 15. Green Tech: Statistics 250 Issued US Patents having granted Green Pet 3101 Total Petitions 195 Petitions denied 1001 Petitions dismissed 1595 Petitions granted 310 Petitions awaiting decision Petition Summary Report date: 04/04/2011 Green Petition Report Summary
  • 16. Distribution of Green Tech US Patents
  • 17. Green Tech: Example
  • 18. Green Tech: Example
  • 19. Green Tech: Future
    • USPTO may extend the pilot program (with or without modifications) to extend longer and/or include more than 3,000 granted petitions
    • Any extension will be announced by the USPTO via a written notice.
    • Future suggestions regarding the Green Tech Petition Pilot should be directed to Pinchus Laufer ( [email_address] ) and Blaine Copenheaver ( [email_address] )
  • 20. Questions
    • Blaine Copenheaver (QAS)
    • Blaine.Copenheaver@uspto.gov
    • (571) 272-1156
    • Jacqueline Stone
    • (571) 272-0500
    • Technology Center 1600
    • USPTO