OPINION: IP FOR GREEN TECHNOLOGY Lightning fast patents
Dr Jack Severs and Graham Crofts, from intellectual property law firm Gill Jennings & Every, discuss the IP fast tracking options for green technology, including products that may not be traditionally thought of as environmentally friendly
T
he global photonics market is enjoying sustained growth above GDP with a recent report by the International Society for Optics and
Photonics (SPIE) increasing its evaluation of global photonics trade to more than US$180 billion. The solar power sector is a particularly strong example of this trend, with forecasts1 suggesting the boom in new photovoltaic installations is set to continue. In addition to this rapid growth, the market continues to diversify with both a shifting geographic scope and the emergence of new technologies. In such a dynamic, developing industry one might question the value of seeking patent protection, considering the average time to obtain a granted patent is around four years. Although there can sometimes be reasons to delay grant – such as deferring the associated costs – when technology is moving forward swiftly, such delays before IP rights can be fully exploited may lead to opportunities being missed. In particular, a granted patent may be required quickly in order to secure the investment required for establishing a foothold in the expanding market, for facilitating licensing to meet the growing demand or for prevening competitors from copying innovations to secure a share of the market. In some cases, the technology may have simply moved on by the time the patent is granted, so that the patent is of little value. Fortunately, several options available to applicants in the photonics sector can dramatically reduce the time it takes to obtain a granted patent, allowing them to keep pace with the changing market conditions.
One such option, which is of particular
relevance to such applicants, is the possibility of accelerating prosecution of applications for environmentally friendly technologies. In the
26 ELECTRO OPTICS l JUNE 2016
Graham Crofts There are
several options available, that can dramatically reduce the time it takes to obtain a granted patent
UK, accelerated proceedings can be obtained at the UK Intellectual Property Office (UK IPO) through the ‘Green Channel’ if requested for any application which ‘has an environmental benefit’. Similar green fast track programmes are offered by many patent offices worldwide, including those of Australia, Israel, Japan, the Republic of Korea, the US, Canada, Brazil and China. Specific eligibility requirements vary between the jurisdictions, with the average time to grant cut by between 42 and 75 per cent across the different patent offices. To request consideration for the Green Channel programme
at the UK IPO, applicants must simply apply in writing, indicating how their application is environmentally friendly and which actions they wish to accelerate: search, examination, combined search and examination and/or
Dr Jack Severs publication. Data2 suggests that use of the
Green Channel at the UK IPO dramatically reduces the time to grant to around nine months on average. In a dynamic market such as the solar power sector, this may make the difference in establishing a foothold at an early stage.
Despite the effectiveness of the programme in speeding up the application process, a 2013 study3
suggested that only a relatively
small proportion of applications relating to eligible technology request use of the green fast track procedure. Participation rates varied between 0.5 and 20 per cent, with the Green Channel at the UK IPO attracting the highest proportion of participation by a significant margin. Although there may be several considerations within an applicant’s IP strategy that may lead to them opting against accelerating prosecution, one contributing factor behind the relatively low uptake may simply be a lack of recognition of the eligibility of their technology.
@electrooptics |
www.electrooptics.com
Gill Jennings & Every
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48