Green Patent Programs Worldwide – Prologue

In 2022, the US Patent and Trademark Office (USPTO) launched the Climate Change Mitigation Pilot Program (CCMPP) to enable accelerated examination of eligible utility patent applications that, as of June 2023, involved technologies directed to mitigating climate change by reducing, removing, preventing, and/or monitoring greenhouse gas emissions.[1]

The CCMPP provided accelerated examination benefits similar to that of the USPTO’s “Track One” Prioritized Examination program,[2] wherein participating patent applications were advanced out of turn (made special) to expedite examination on the merits of the applications.  Unlike the Track One program, however, the CCMPP did not require payment of the substantial prioritized examination fee ($4,515 for large entities as of this writing), albeit with a limitation on the number of applications that could be considered under the program according to listed inventors.[3]  As a result, the CCMPP provided innovators with a highly cost-effective means for expedited examination, and potentially patent issuance, of certain “green” patent applications as noted above.

However, on January 28, 2025, the USPTO suspended the CCMPP, depriving innovators of this option.[4]  Additionally, on July 10, 2025, the USPTO suspended the Accelerated Examination program that enabled applications to submit a “petition to make special” for applications based on an invention enhancing the quality of the environment or contributing to the development or conservation of energy resources.[5]  While prioritized examination may still be pursued at the USPTO via the traditional “Track One” accelerated examination program, such a program requires the aforementioned significant filing fees as noted above, although without the inventorship limitation of the CCMPP. 

As a result, for innovators involved in technologies that reduce, remove, prevent, and/or monitor greenhouse gas emissions, the loss of the CCMPP and the ability to petition to make special for environmental/energy resource related application reduces the ability of such applicants to secure cost-effective expedited US patent protection.

However, there are still options for prioritized treatment of “green” patent applications in various jurisdictions outside the US, and innovators may still be able to utilize such programs to obtain prioritized examination and patent projection of “green” patent applications in certain jurisdictions.  In some cases, prioritized examination of patent applications in certain ex-US jurisdictions might enable a certain amount of expedited consideration of corresponding US patent applications under certain Patent Prosecution Highway (PPH) conditions.

Over the coming months, we will be exploring various options for prioritized treatment of “green” patents and applications in various jurisdictions around the world, including exploring the potential costs, eligibility requirements, and benefits of such programs in said jurisdictions.  This survey of “green” patent programs will hopefully give green technology innovators a better understanding of potential options to obtain expedited worldwide patent protection for green patents by leveraging these programs and potential connections therebetween.

[1]  https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program

[2] https://www.uspto.gov/patents/initiatives/usptos-prioritized-patent-examination-program

[3] https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program

[4] Id.

[5] https://www.uspto.gov/patents/initiatives/accelerated-examination