Green Technologies Move Up The Patent Examination Queue In Canada

In response to the increased public interest in the patenting and commercialization of so-called "green" technologies in Canada, the Patent Rules have been amended to permit free expedited examination of patent applications directed to subject matter in this burgeoning sector These amendments came into force March 3, 2011

Expedited examination of patent applications in Canada can be requested by any person on payment of a fee (currently CA$500) if failure to advance the application is likely to prejudice the rights of that person. With the recent amendments to the Patent Rules, an applicant of a patent application directed to a green technology can now request expedited examination of their application without being required to pay the fee. Instead, the applicant is only required to file a Declaration indicating that their application relates to "technology the commercialization of which would help to resolve or mitigate environmental impacts or to conserve the