08/11/2021
There are various stages that a patent application goes through before it can be granted. These stages include search, publication and examination. In general, a UK patent application takes around two to four years from filing to go through these stages and reach grant. However, some applicants wish to obtain a granted patent more quickly.
The UK Intellectual Property Office (UKIPO) will accelerate processing of a patent application if an applicant can demonstrate why acceleration is important. For example, if infringement by a third party can be demonstrated. Another option for accelerated processing is the UKIPO Green Channel, which is available if the patent application relates to an invention that has an environmental benefit. There is no official fee for using the Green Channel.
A request for accelerated processing via the Green Channel must be made in writing to the UKIPO, indicating:
- how the invention is environmentally-friendly; and
- which stages of the patent process should be accelerated: search, examination, combined search and examination, and/or publication.
The UKIPO do not provide any strict guidelines to determine whether an invention is environmentally-friendly. For example, an application relating to a hookah device was granted accelerated processing via the Green Channel. The environmental benefit of the hookah device was provided as the hookah device being able to be used without the need to burn any combustible material, such as charcoal.
The UKIPO introduced the Green Channel scheme in 2009 and, so far, there have been around 2770 successful requests for accelerated processing via the scheme. Figure 1, below, shows the number of successful requests per year between 2009 and 2020.
Figure 1: number of successful requests for accelerated processing via the UKIPO Green Channel
COP26 have set a goal to secure global net-zero carbon emissions by 2050 and to keep the global temperature rise to less than 1.5 degrees. It is likely that clean technologies will have a noticeable role in achieving this goal. Therefore, we might expect to see an increase in patent application filings relating to clean technologies in the years to come. These patent applications may benefit from taking advantage of the UKIPO Green Channel.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
