Expedited patent examination for green inventions: Developing countries' policy choices

Abstract

Innovation in green technology is important. Patent rights can provide incentives for green technology research and development. Expedited patent examination for green inventions has emerged as a policy instrument to provide such incentives. Developing countries were never opposed to patents for green technologies. China and Brazil have led the way by offering expedited examinations for green patent applications. More developing countries are expected to follow. Expedited examination for green technologies is consistent with the intellectual property system objectives and is justified by the clear social benefit from green technologies. Introducing such expedited programs in developing countries has sufficient advantages. Existing models of expedited programs for green technologies are analyzed to generalize key issues and to discern suitable policy choices for developing countries. When introducing such programs, a balanced definition for green technology is preferred; a special classification requirement is premature and is not recommended; a pre-examination search requirement is generally recommended to balance patent office workloads, and a green patent database is recommended.