Supporting Canada’s Green Transition: The Untapped Potential of CIPO’s Green Technologies Program

Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies [1]. 

This article explores the Canadian Intellectual Property Office’s (CIPO) Green Technologies Program, a simple and cost-effective mechanism for fast tracking patent applications related to green technologies.

What is CIPO’s Green Technologies Program?

CIPO’s Green Technologies Program allows patent applications that relate to “green technology” to be fast-tracked at no additional cost (standard government fees for requesting advanced examination are currently around $700 CAD[2]).

Once the Patent Office processes a request under this program, a first communication can be expected within three months [3], in contrast with typical delays that tend to range between fourteen and twenty-four months [4] from the time examination is initiated. In practice, it means that a patent can be granted in as little as twelve months from the time examination starts.

How to use the program

Using the program is straightforward. Once an eligible application is identified, a letter must be submitted to the Patent Office that includes a request for advanced examination and 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.

Once the request is made and the statement is submitted, the Patent Office will grant accelerated examination without substantively reviewing the application to ensure that the statement is warranted.  For that reason, it is important for the applicant to ensure that the statement can legitimately be made, and thus that the application is eligible.

What applications are eligible?

Eligibility for consideration under this program is quite broad. The requirements merely state that “the patent application relates to green technology that either helps resolve or mitigate environmental impacts or conserves the natural environment and resources”.[5] 

The types of innovations that align with the program's broader goals may come from a wide range of industries, and these innovations may not always fit the traditional definition of “green technologies”.

Other mechanisms for accelerating examination in Canada

Other mechanisms for accelerating examination are available in Canada including the Patent Prosecution Highway (PPH) or the submission of a standard request for special order. Each of these mechanism has its own eligibility requirements and advantages. Choosing the appropriate mechanism for your application will depend on the objectives sought and on your specific circumstances. 

Why should innovators consider CIPO’s Green Technologies Program?

Obtaining patents faster 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.

In addition, while patent applications need to comply with legal requirements for patentability, there seems to be a favorable bias for applications that qualify under this program. For example, in 2021, patent applications examined under this program had a 95% grant rate [6], compared to the 69% grant rate for standard patent applications [7], 85% for special order applications [8], and 90% for PPH applications [9].

Underutilization of CIPO’s Green Technologies Program

CIPO’s Green Technologies Program has been in place since 2011, yet its use by patent applicants has been surprisingly limited. Between 2011 and 2022, only 545 patents benefited from advanced examination under the program [10]. In contrast, in 2021 alone, 416 patent applications were accelerated by filing a request for special order, and 3000 applications were accelerated using PPH. Tens of thousands of patent applications are filed in Canada every year [11]. Given the broad scope of the program, many applications may legitimately qualify under the program.

Concluding remarks

The environment is likely to remain one of the top priorities of the world’s major economies for decades to come. In addition to financial incentives, providing a favorable environment for innovators to secure and enforce strong Intellectual Property (IP) rights for the innovations resulting from R&D efforts will be key to continued success.

For patent applications that qualify under CIPO’s Green Technologies Program, the ease and simplicity of obtaining accelerated examination makes this an attractive program for innovators.

The preceding is intended as a thought leadership article on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with the authors directly.

References

1. As specified in CIPO’s Reports entitled ”CIPO: Green Innovation” and “Patented inventions in climate change mitigation technologies”.
2. The 2024 fee to request advanced examination is $694.00 CAD and the 2025 fee is $724.54 CAD. A list of CIPO’s patent fees can be found here.
3. As specified in CIPO’s webpage explaining the program.
4. As specified in CIPO’s Examination and allowance or rejection explanation.
5. Per CIPO’s webpage explaining the program.
6. According to a report from WIPO.
7. Ibid.
8. Ibid.
9. According to a presentation from CIPO.
10. As can be seen from this archived webpage from CIPO which has since been removed from the web.
11. According to a report from CIPO.