Fast-tracking patent applications for “green technology”

IP Australia has announced that requests for examination of patents involving green technology may be “fast-tracked”. 

Requests for examination are usually looked at in the order in which they are filed and the examination process can take up to 12 months.  During this time IP Australia will scrutinize the application to consider its validity.  The Patent Regulations state however, that requests for examination may be expedited if a written request is made to IP Australia.  The request, which does not attract any fee, must specify the reasons why the application should be “fast tracked” ahead of other applications in the queue.

To encourage investment in environmentally-friendly technologies, IP Australia have stated that if the patent application ‘is considered to be in the field of “green technology”’ then expedited examination may be allowed.

More information on the expedited examination process can be found here.

About the Author

James Ellsmore
James is a senior associate with King & Wood Mallesons' Intellectual Property team in Sydney. James assists clients to resolve intellectual property disputes, with a particular focus on patents, pharmaceuticals and the life sciences. He has acted for a variety of clients in matters concerning patent infringement and revocation proceedings in the Federal Court of Australia, patent opposition proceedings before the Commissioner of Patents, and matters arising from patent licence and technology agreements. James also has experience in the preparation of commercial, R&D and IP agreements for leading universities, research organisations and pharmaceutical companies. He also advises clients on regulatory issues affecting clients in the industrials, consumer and health sectors.
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