IP monitor: Canada’s Advanced Examination for Green Technologies: An alternative to the USPTO’s recently suspended Climate Change Mitigation Pilot

With the suspension of the USPTO’s Climate Change Mitigation Pilot, the Canadian Advanced Examination for Green Technologies mechanism can be used to accelerate examination for a corresponding Canadian application, which can then generate a work product usable for expediting examination in various patent offices around the world using the Patent Prosecution Highway (PPH), reducing the time from patent application filing to grant.

The USPTO’s Climate Change Mitigation Pilot program was suspended effective 5 p.m. ET on January 28, 2025.  The program was originally supposed to run until June 7, 2027, or the date on which a total of 4,000 applications have been granted special status, whichever occurs earlier.

It was designed to positively impact the climate by accelerating the examination of patent applications for innovations that mitigate climate change and was originally launched in June 2022. This program is relevant to cleantech clients, such as those in the renewables, energy storage, logistics / transportation industries, among others, as well as innovations in other industries that increase energy efficiency, reduce waste, promote sustainability, or reduce environmental impact.

The patent applications would receive “special status,” which effectively was useful in obtaining a much faster first examination report, a mechanism to proceed to a granted patent much faster than through the regular queue (a normal queue of around 16-24 months is normal, depending on the examination unit and examiner workload).

The program provided for accelerated examination at the USPTO without payment of a petition fee. 

In contrast, prioritized examination in the USPTO through the Track One program requires payment of a very substantial petition fee. 

An alternative to the USPTO’s suspended program to consider is advanced examination for green technologies for a corresponding Canadian application under Section 27 of the Patent Rules, which can be submitted if the patent application relates to green technology that either helps resolve or mitigate environmental impacts or conserves the natural environment and resources.  

The benefit of the earlier examination of the corresponding Canadian application is to obtain an earlier search report on the merits, which can help inform potential patentability of the technology (it is important to note each patent office has the discretion to independently raise arguments and cite prior art references).  

This allows for substantive examination in Canada to start earlier, and if the Examiner’s arguments are overcome, a Canadian allowance can be obtained and then used as work product to request expedited examination in the US or other jurisdictions through the Patent Prosecution Highway program.

The mechanism in Canada is relatively straightforward, requiring (emphasis added)¹:

• a request for examination (if this has not already been done)
  • this request requires payment of the associated examination fee
• a request to advance examination
• a statement indicating that the application relates to technology that, if commercialized, would help to resolve or mitigate environmental impacts or to conserve the natural environment or natural resources
• a request for an early laid open [publication] date (if appropriate)
  • only needed if the request for advanced examination is made before the application has been opened to public inspection (usually 18 months after the filing date)

The patent application is examined outside of the normal queue in Canada which, in the Canadian client service standards, is noted as within 7 months of receipt of a compliant request and payment of the prescribed fee, which is faster than the typical 17 months of request as provided by the Canadian performance targets. 

Canadian advanced examination has specific requirements in terms of timeliness of responses and if an extension of time is taken or if there is a deemed abandonment, special status may be lost, and the application returned to regular order.

For more information, please contact your IP professional at Norton Rose Fulbright Canada LLP.

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