Brigide Mattar and Audrey Berteau of Smart & Biggar sat down with Lexpert to draw out the highlights of their recent article, Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program.
Here they discuss the basics of the program, why they believe so few people have used it so far, the simplicity of the application process and why businesses should consider this program.
Q: What is CIPO’s Green Technologies Program?
A: The Canadian Intellectual Property Office’s (CIPO) Green Technologies Program is a simple mechanism to fast-track a patent application related to green technologies. This program is available at no additional cost provided the patent application relates to an invention that, if commercialized, would help to resolve or mitigate environmental impacts or to conserve the natural environment or natural resources.
Q: What barriers have limited participation in the program so far?
A: We can only speculate at the reasons for the limited participation however lack of awareness of the existence of the program itself as well as a misunderstanding of the types of technology that would qualify under the program are likely to have played a role. Even the program’s name “CIPO’s Green Technologies Program” suggests that it may only be available to innovations related to traditionally green technologies such as solar panels, wind turbines, carbon capture and the likes. However, the program’s scope is much greater and is available for any technology that, if commercialized, has the potential to mitigate environmental impacts and/or conserve natural resources. The types of innovations that align with the program's broader goals span a very wide range of industries that may not necessarily fit the traditional definition of “green technologies”.
Q: What steps should an innovator take to qualify for the program?
A: The procedure to qualify for this program is simple. Once an eligible application is identified, an applicant must simply submit a letter to the Patent Office that includes (1) a request for advanced examination and (2) a statement indicating that the patent application relates to technology that, if commercialized, would help to resolve or mitigate environmental impacts or to conserve the natural environment or natural resources. It is important for the applicant to ensure that the statement can legitimately be made since the Patent Office will simply grant the request and will not verify if the statement is justified.
Q: Why should businesses consider integrating this program into their IP strategy?
A: By leveraging the program, businesses can be granted patents faster, which presents several advantages including attracting investments and allowing the patent holder to address any infringing competitors more swiftly and potentially secure a stronger market position. Moreover, the data seems to suggest that patent applications that were part of this program had higher success rates compared to patent applications that were examined through either the standard process or other mechanisms designed to expedite the patent application process.
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With over 25 years of experience practicing intellectual property law, and a sophisticated understanding of patent law, Brigide Mattar adeptly counsels business leaders on how to best protect and leverage their intellectual property assets to improve their business position, competitive advantage and bottom-line. Her holistic approach to patent law considers her clients’ ultimate business objectives, industry realities and even the sometimes personal component of IP.
Audrey Berteau is a dedicated IP litigator who is focused on helping clients achieve commercially important intellectual property goals and objectives. With a practical understanding of business strategy and IP law, and bilingual in English and French, Audrey offers exceptional litigation solutions to enable clients to achieve success. Whether conducting research, drafting arguments or preparing opinions, clients appreciate her insightful contributions and thorough consideration of their specific needs and objectives.