The USPTO is recovering from backlog due to increased innovation through new programs which are increasing processing efficiency

[Ryan J, 7-9-2024, Industry Week, “Patent Delays Are Up, But There Are Ways to Ease the Slog,” , accessed 7-9-2024, CM]

First, in recent years, the number of patent applications related to additive manufacturing has increased significantly, encompassing improved component design, manufacturing processes and equipment. A September 2023 report by the European Patent Office revealed that between 2013 and 2020, international additive-manufacturing technology patent applications grew at an average annual rate of 26.3%. For all other technologies, the average growth rate was 3.3%.

Growth was particularly pronounced in the medical and transportation sectors—where companies have used additive manufacturing to print patient-specific implants and prosthetics—and aircraft parts, including turbine blades, fuel nozzles and air foils.

Second, we have observed a significant increase in the number of patent applications directed to clean-tech and renewable technologies. In 2021, the last year for which comprehensive data is available, the U.S. Patent and Trademark Office (USPTO) received approximately 40,000 patent applications directed to clean-tech technologies (which is equal to about 7% of total applications filed with the USPTO). And according to research available from the WIPO (the United Nations’ World Intellectual Property Organization) and the law firm Mathys & Squire, we know that:

Patent applications for renewable energy – which includes solar power, fuel cells, wind energy and geothermal technologies – increased by almost 30% during the 17-year span between 2002 and 2019.

Patent applications for carbon capture and storage technologies – which reverse the negative effects of carbon emissions – are up 65% between 2020 and 2022.

Patent applications for electric vehicles are up 59% between 2020 and 2022.

We have also observed increased patent application filings for environmentally friendly product packaging, energy storage technologies (most notably electric vehicle batteries), climate and environmentally friendly agriculture, resource management, carbon reuse and recycling and green materials.

Free Programs to Help

With such innovation on the rise, both U.S. and European patent offices report a significant backlog of patent applications waiting to be examined. Evidence from the USPTO, for example, demonstrates that a buildup of patent applications began around 2020 and has been slowly increasing. While not all of those are related to cleantech technologies, given the United States’ emphasis on encouraging innovation that seeks to improve climate change, the USPTO is making it easier for individuals and companies to do what they can to reduce greenhouse gas emissions.

To encourage cleantech filings, the USPTO introduced its Climate Change Mitigation Pilot Program. This program, in effect until 2027, allows patent applicants to expedite—at no cost—the examination of their U.S. patent applications for technologies that arguably address climate change.

We recently made use of the program to expedite a patent application related to energy reduction. We filed in May 2023, and within just two months, the USPTO examined the application and issued a positive response, advancing all of the claims to allowance. We expect that the U.S. patent will be issued later this month, just five months after filing—a process that typically takes at least two or three years.

In support of the CHIPS Act of 2022 and an executive order issued by President Biden, the USPTO recently introduced its free Semiconductor Technology Pilot Program, which allows patent applicants to expedite the examination of their U.S. patent application for semiconductor devices. The program lapses on December 2, 2024, or upon receipt of 1,000 qualifying applications, whichever occurs earlier.

Another free pilot program offered by the USPTO, the First-Time Filer Expedited Examination Pilot Program, expedites the examination of patent applications filed by first-time inventors.

The USPTO’s After Final Consideration Pilot (AFCP) Program is a great opportunity for patent applicants. The program gives USPTO examiners more time to review responses to final rejections of patent applications. This can help to get a patent approved without needing to file Requests for Continued Examination, which are expensive and can slow down the process of getting a U.S. patent.