Peruvian Fast-track Green Patent Program

On April 19, 2024, the Peruvian Patent Office launched the Green Patent Program to accelerate the examination of patent and utility model applications related to technologies that contribute to reduce the negative effects on the environment generated by the industries or to improve the efficient use of resources. This fast-track program represents a public policy to address the consequences of the climate change, following the experience of the patent offices from countries such as the UK, Canada, Japan, Australia, and The United States of America.

Currently, the application examination regular process can take approximately 36 months. Under this fast-track program, the average time is expected to be reduced to 6 months, with the objective of promoting the application of this type of technologies in Peru without further delay.

In this line, the Patent Office has established very simple requirements to apply for this fast-track program. For example, the invention must be included in the IPC GREEN INVENTORY (https://www.wipo.int/classifications/ipc/green-inventory/home); (ii) arguments supporting the fact that the invention is a green technology must be filed; (iii) third parties must not have filed an opposition against the application; (iv) no additional fees are required. Likewise, it is not necessary to conduct a search of the closest prior art and perform a comparison with the claimed invention. It should be considered that only the patent and utility model applications filed on or after January 2, 2023, can apply for this fast-track program.

Similarly to the PPH Program, the Fast-track Green Patent Program only accelerates the examination process, but it does not ensure that the patent will be directly granted. In case any objections are raised by the examiner in charge of the application, including lack of clarity or unity of invention, applicants will have the right to file a response.

Finally, based on the experiences of the above cited countries, it seems that the Fast-track Green Patent Program is much more used by start-up companies than by medium and large companies. However, it is expected that medium and large companies will also apply for this fast-track program in Peru.