In 2009, the UK Patent Workplace (or UKIPO) was one of many first on this planet to introduce a system of accelerated processing for innovations having an environmental profit. This method is named the Inexperienced Channel, and since its inception over 4,000 patent purposes have “jumped the queue” for evaluate by a patent examiner.
Getting a granted patent could be vital for attracting funding, for deterring potential infringement, and even for accelerating patent prosecution elsewhere. Provided that it will probably take as much as 4 and a half years (1,643 days), and sometimes longer, to progress by way of the UK patent examination course of, any mechanism which “quick tracks” your software is clearly fascinating. Maybe surprisingly, the Inexperienced Channel route is definitely fully free; all that’s required is a letter explaining why your invention ought to qualify. Actually, the steering on the Inexperienced Channel supplied within the UKIPO’s Handbook of Patent Observe states that requests ought to solely be refused if they’re “clearly unfounded, for instance if the applying pertains to a perpetual movement machine.”
As you’d anticipate, environmentally pleasant applied sciences similar to photo voltaic panels, carbon seize gadgets, electrical automobiles and biodegradable supplies, would all qualify for sooner prosecution beneath the Inexperienced Channel.
But it surely may maybe shock you to be taught that additive manufacturing (AM) applied sciences may also be accepted for Inexperienced Channel acceleration.
Let’s have a look at just a few examples of AM patent purposes which have efficiently granted by way of this route, and the velocity at which they went to grant.
GB2577772 – 470 days
Filed by Sheffield-based Additive Manufacturing Tech Ltd, this patent pertains to an equipment and methodology for colouring an additively manufactured polymer half. It was filed on the UKIPO on 30 July 2019, and acquired a “discover of intention to grant” communication on 28 August 2020, lastly granting on 11 November 2020.
On this case, the Inexperienced Channel request merely factors out that the invention goals to “present a way and equipment for colouring an AM half in “an environment friendly, correct, constant, and environmentally-friendly method””. Whereas the patent software itself offers a bit extra clarification (“the AM polymer half colouring methodology based on sure embodiments of the current invention doesn’t require water for the method. Any emissions produced are within the type of vapors which could be captured with carbon filters and/or could also be recovered utilizing a condenser making the entire course of closed loop, emitting solely clear air”), the straightforward assertion within the request was sufficient.
GB2549653 – 547 days
Filed on the UKIPO on 11 July 2017 at UKIPO, this software acquired a discover of intention to grant communication on 24 Oct 2018, and went to grant on 9 January 2019.
Filed by US firm Digital Alloys Integrated, the invention considerations additive manufacturing of metallic constructions. The Inexperienced Channel letter describes producing “elements at increased accuracy than different 3D printing strategies and methods at present obtainable, in a way which will use much less energy and will yield much less waste … [and] allow recycling by way of restore by depositing materials of the feedstock onto an current 3D object, which can be used to restore the 3D object”. Once more, this assertion was ample for Inexperienced Channel acceptance.
GB2584654 – 1223 days
This invention pertains to a nickel-based alloy, which can be utilized in powder or wire kind as a uncooked materials to make parts by additive layer manufacturing strategies similar to powder-bed strategies and direct steel deposition strategies. The applicant was Oxmet Tech Restricted, now Alloyed Ltd, based mostly in Oxford.
The appliance was filed on the UKIPO on 7 June 2019, acquired a discover of intention to grant on 1 August 2022, and was granted on 12 October 2022. The Inexperienced Channel request referred to alloys which “can be utilized at increased temperatures, which means that engines with parts additively manufactured with this alloy could be run at increased temperatures which is extra environment friendly. The alloy additionally improves effectivity by way of decrease density.”
A key level to notice is that on this case, Inexperienced Channel was not requested till 18 November 2021, after the UKIPO was gradual to start the search and examination course of. We will think about that with out the Inexperienced Channel request, this software may need fallen into the “4 and a half years or longer” class.
In fact, there are different strategies of dashing up patent prosecution on the UKIPO. These strategies embody early publication and early entry into the UK nationwide section from the PCT system. A superb instance of the usage of Inexperienced Channel together with these extra steps is supplied by GB2625459.
This software by Jiangsu College, China, considerations a way for making ready an antibacterial and freshness-retaining packaging materials for fruits utilizing 3D printing. The applicant requested early entry into the UK nationwide section, early publication, and accelerated search and examination by way of Inexperienced Channel.
The explanations given within the Inexperienced Channel request had been merely that the invention “has the constructive environmental influence of leading to conserving fruit contemporary for longer and free of injury. This will increase meals certainty whereas on the identical time, decreasing meals wastage which has clear environmental advantages.”
From submitting on the UKIPO on 16 February 2024, this software acquired a discover of intention to grant communication on 3 February 2025 and was granted on 16 April 2025 – 425 days after submitting.
The ethical of the story is that the Inexperienced Channel is a reasonably broad one, and with a bit thought it might most likely be used for a big proportion of AM-related patent purposes, the place a quick grant is fascinating.
And even when your invention just isn’t inexperienced sufficient for the Inexperienced Channel, you’ll be able to nonetheless fast-track your software by requesting accelerated search or examination, giving a motive similar to being conscious of a possible infringer, or securing an investor.
Keen on how patents can shield AM know-how? My colleague Duncan White will likely be talking on this matter at TCT 3Sixty on 5 June 2025.
Marks & Clerk advises on all points of IP, together with patents, commerce marks, designs, contracts and contentious issues, and is an affiliate member of AMUK.
