Skip to main content
Procopio Logo

USPTO Introduces Climate Change Mitigation Pilot Program

USPTO Introduces Climate Change Mitigation Pilot Program

USPTO Introduces Climate Change Mitigation Pilot Program

Throughout history, innovation and human intellect have been the main factors for solving humankind’s problems. Today, climate change has become a major threat and can no longer be ignored. On June 3, 2022, the United States Patent and Trademark Office (USPTO) introduced the Climate Change Mitigation Pilot Program, its newest initiative to advance particular technical fields of interest. The program is committed to granting expedited review of patent applications that relate to clean and green energy technologies to combat the climate change crisis.

For a limited period of time, the USPTO will accept up to 1,000 qualifying patent applications for the program. Similar to existing accelerated examination programs, the program will fast-track the examination of certain patent applications. This time, however, it is for innovations that reduce greenhouse gas emissions. Under this expedited review, a patent application that would normally take two and a half years to prosecute can be prosecuted to final disposition (e.g., allowance) within twelve months.

As outlined in the relevant Federal Register notice, here are key requirements to participate:

  • Applications must contain one or more patent claims directed to a product or process that mitigates climate change by reducing greenhouse gas emissions.
  • Applications must be non-continuing original utility nonprovisional applications.
  • Applicants must file the petition to make special (Form PTO/SB/457) with the application or entry into the national stage under 35 U.S.C. 371 or within 30 days of the filing date or entry date of the application (the fee for the petition to make special under 37 CFR 1.102(d) has been waived).
  • Applicants may not file a petition to participate in this program if the inventor or any joint inventor has been named as the inventor or a joint inventor on more than four (4) other nonprovisional applications in which a petition to make special under this Program has been filed.
  • Applications that are accompanied by nonpublication requests will be ineligible under this program.

With respect to the prosecution of patent applications that are filed under this program, the Federal Register notice states:

  • Applications involving technologies that mitigate climate change will be advanced out of turn (granted special status) until the first action on the merits by a patent examiner, if the applications meet all of the program requirements.
  • Applications are limited to three (3) independent claims; twenty (20) total claims; and no multiple dependent claims. Any amendments which would cause the application to exceed the claims limitations will be disqualified from participating in the program.
  • If a reply to a non-final office action is not fully responsive because it does not comply with the above-described claim requirements but is a bona fide attempt to advance the application to final action, the patent examiner may provide a shortened two (2) month response deadline.

This program is expected to accelerate hundreds of patent applications for technologies that address climate change. By facilitating the accelerated prosecution of these patentable innovations, the USPTO aims to boost efforts to promote technologies that will help address climate change issues. Patent applicants and inventors are well advised to work with their trusted patent counsel to determine whether pending filings or new inventions could appropriately be filed under this new program. Feel free to reach out to the Patent Prosecution and Counseling team at Procopio for more information.


Miku H. Mehta

Partner

Miku advises clients in the U.S. and Asia on intellectual property, patent prosecution and counseling, as well as trademarks and copyrights. His practice focuses on the preparation and prosecution of patent applications, due diligence projects, including preparation of opinions in the areas of patentability, validity, infringement and product clearance, and patent licensing. Miku has extensive experience in technology including computer software and hardware, networks, internet-related applications, environmental technologies, optics, mechanical engineering, business processes and medical devices, as well as registration and renewal of trademarks and counseling on export control matters.

Miku advises clients in the U.S. and Asia on intellectual property, patent prosecution and counseling, as well as trademarks and copyrights. His practice focuses on the preparation and prosecution of patent applications, due diligence projects, including preparation of opinions in the areas of patentability, validity, infringement and product clearance, and patent licensing. Miku has extensive experience in technology including computer software and hardware, networks, internet-related applications, environmental technologies, optics, mechanical engineering, business processes and medical devices, as well as registration and renewal of trademarks and counseling on export control matters.

Jeffrey D. Morton, PhD

Partner

Jeff provides strategic intellectual property advice, including patent prosecution, and related transactional support for emerging and mature companies in a wide variety of industries, with a particular focus on life sciences and medical technologies. A PhD immunologist, he has extensive patent experience in technologies including genomics, immunology, and gene editing technologies, and advises on complex freedom-to-operate life sciences issues. Jeff also maintains an active trademark practice and provides cross-border legal advice with Canadian clients, being admitted in both the U.S. and Canada.

Jeff has been recognized by the World Intellectual Property Review as a U.S. Patent Leader and Trademark Leader and as an IAM Strategy 300 world-leading IP strategist.

Jeff provides strategic intellectual property advice, including patent prosecution, and related transactional support for emerging and mature companies in a wide variety of industries, with a particular focus on life sciences and medical technologies. A PhD immunologist, he has extensive patent experience in technologies including genomics, immunology, and gene editing technologies, and advises on complex freedom-to-operate life sciences issues. Jeff also maintains an active trademark practice and provides cross-border legal advice with Canadian clients, being admitted in both the U.S. and Canada.

Jeff has been recognized by the World Intellectual Property Review as a U.S. Patent Leader and Trademark Leader and as an IAM Strategy 300 world-leading IP strategist.

Erica A. Spence

Erica A. Spence

Erica for many years worked in the retail pharmacy field, dating back to her time pursuing her undergraduate degree. While earning her PharmD at Western University of Health Sciences she interned at a pharmacy law professor’s law firm. Sparked with a passion for the law, Erica, a registered pharmacist, is now pursuing a JD at California Western School of Law and is serving for a second year as a Procopio Summer Associate. She intends as an attorney to bring her background in biology and interest in patent law and regulatory law to serve diverse client needs.
Erica for many years worked in the retail pharmacy field, dating back to her time pursuing her undergraduate degree. While earning her PharmD at Western University of Health Sciences she interned at a pharmacy law professor’s law firm. Sparked with a passion for the law, Erica, a registered pharmacist, is now pursuing a JD at California Western School of Law and is serving for a second year as a Procopio Summer Associate. She intends as an attorney to bring her background in biology and interest in patent law and regulatory law to serve diverse client needs.
Alejandro Echeverria

Alejandro Echeverria

Alejandro grew up in Mexico and moved to San Diego, CA, for better opportunities during high school. As a first-generation in the U.S., he felt pursuing a better education was a must to succeed. After earning a bachelor’s degree in engineering he moved to Florida and worked as an engineer for seven years in the aerospace and energy industries while earning an engineering master’s degree. Now he is pursuing a JD from California Western School of Law while serving as a Procopio Summer Associate with a goal of becoming a successful patent attorney.
Alejandro grew up in Mexico and moved to San Diego, CA, for better opportunities during high school. As a first-generation in the U.S., he felt pursuing a better education was a must to succeed. After earning a bachelor’s degree in engineering he moved to Florida and worked as an engineer for seven years in the aerospace and energy industries while earning an engineering master’s degree. Now he is pursuing a JD from California Western School of Law while serving as a Procopio Summer Associate with a goal of becoming a successful patent attorney.

Stay up-to-date with the Procopio newsletter.

Sign Up Now

MEDIA CONTACT

Patrick Ross, Senior Manager of Marketing & Communications
EmailP: 619.906.5740

EVENTS CONTACT

Suzie Jayyusi, Events Planner
EmailP: 619.515.3818