As the climate crisis intensifies, the development, adoption, and diffusion of green technologies (specifically green patents) are critical to mitigating environmental harm and driving sustainable growth. The rapid acceleration of climate change has prompted Canada to strengthen their climate commitments, aiming to reduce greenhouse gas emissions by 40-45% below 2005 levels by 2030, with a goal of achieving net-zero emissions by 2050.[1] Environmental and clean technology products include processes, products, or services that reduce environmental impacts through pollution and degradation prevention activities, resource efficiency, and less energy-intensive goods.[2] Green patents, which safeguard technologies designed to reduce environmental impacts and enhance resource efficiency, are vital for advancing eco-friendly innovations.[3] They play a key role in driving the development and spread of sustainable solutions, helping bring Canada closer to achieving its’ sustainability goals. [4]
Canada’s Green Technologies Program: Fast-Tracking Innovation
Canada’s Green Technologies Program, launched by the Canadian Intellectual Property Office (CIPO), offers a fast-track option for patent applications related to green technologies, enabling quicker patent processing without additional costs.[5] CIPO commits to issuing a first office action within three months of processing a request for advanced examination.[6] The average total pendency for green patents is 380 days, significantly faster than the typical timeline for regular applications (can be up to 6.5 years).[7] The program is available to innovations that, if commercialized, help mitigate environmental impacts or conserve natural resources, encompassing a broad range of technologies, including pollution prevention technologies, end-of-pipe technologies (treat pollution after it is generated) and sustainable resource management systems.[8]
Challenges in Adoption: Raising Awareness and Encouraging Participation
Despite the potential of Canada’s Green Technologies Program, the uptake of the program has been limited. Between 2011 and 2022, only 545 patent applications utilized the fast-track option, a small fraction compared to the tens of thousands submitted through the regular application stream during the same timeframe.[9] This underutilization may be due to a lack of awareness about the program and its scope, which includes not only traditional green technologies like solar panels and wind turbines but also innovations from various industries that contribute to environmental sustainability.[10]
Moving Forward: Simplifying Access to the Green Technologies Program and Strengthening Incentives
The process for benefiting from the Green Technologies Program is straightforward but requires careful attention to detail. To take advantage of the advanced examination process, applicants must submit a letter that includes: (i) a request for advanced examination, (ii) a statement confirming that the application relates to technology that, if commercialized, would help resolve or mitigate environmental impacts or conserve natural resources, and (iii) an early laid open date, if the request is made before the application has been opened to public inspection (usually 18 months after the filing date). [11]
While the program’s fast-tracking benefits, such as faster patent grants and higher approval rates (95% for green patent applications compared to the 69% grant rate for standard applications in 2021) [12], are clear, more efforts are needed to raise awareness and encourage its use. Targeted outreach, including increased support for research and development in green technologies, could stimulate greater participation and drive innovation. By providing financial incentives and fostering research initiatives, Canada can encourage the creation of green technologies to help combat climate change and accelerate the transition to a sustainable future.
[3] Arinella Favot, Leyla Vesnic, Riccardo Priore, Andrea Bincoletto, Fabio Morea, “Green patents and green codes: How different methodologies lead to different results” (2023) 18 ISSN.
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