In 2009, the UK Patent Office (or UKIPO) was one of the first in the world to introduce a system of accelerated processing for inventions having an environmental benefit. This system is known as the Green Channel, and since its inception over 4,000 patent applications have “jumped the queue” for review by a patent examiner.
Marks & Clerk
Getting a granted patent can be critical for attracting investment, for deterring potential infringement, and even for accelerating patent prosecution elsewhere. Given that it can take up to four and a half years (1,643 days), and occasionally longer, to progress through the UK patent examination process, any mechanism which “fast tracks” your application is clearly desirable. Perhaps surprisingly, the Green Channel route is actually completely free; all that is required is a letter explaining why your invention should qualify. In fact, the guidance on the Green Channel provided in the UKIPO’s Manual of Patent Practice states that requests should only be refused if they are “clearly unfounded, for example if the application relates to a perpetual motion machine.”
As you would expect, environmentally friendly technologies such as solar panels, carbon capture devices, electric vehicles and biodegradable materials, would all qualify for faster prosecution under the Green Channel.
But it might perhaps surprise you to learn that additive manufacturing (AM) technologies can also be accepted for Green Channel acceleration.
Let’s look at a few examples of AM patent applications which have successfully granted via this route, and the speed at which they went to grant.
GB2577772 – 470 days
Filed by Sheffield-based Additive Manufacturing Tech Ltd, this patent relates to an apparatus and method for colouring an additively manufactured polymer part. It was filed at the UKIPO on 30 July 2019, and received a “notice of intention to grant” communication on 28 August 2020, finally granting on 11 November 2020.
In this case, the Green Channel request simply points out that the invention aims to “provide a method and apparatus for colouring an AM part in "an efficient, accurate, consistent, and environmentally-friendly manner"”. While the patent application itself provides a bit more explanation (“the AM polymer part colouring method according to certain embodiments of the present invention does not require water for the process. Any emissions produced are in the form of vapors which can be captured with carbon filters and/or may be recovered using a condenser making the whole process closed loop, emitting only clean air”), the simple statement in the request was enough.
Get your FREE print subscription to TCT Magazine.
Exhibit at the UK's definitive and most influential 3D printing and additive manufacturing event, TCT 3Sixty.
GB2549653 – 547 days
Filed at the UKIPO on 11 July 2017 at UKIPO, this application received a notice of intention to grant communication on 24 Oct 2018, and went to grant on 9 January 2019.
Filed by US company Digital Alloys Incorporated, the invention concerns additive manufacturing of metallic structures. The Green Channel letter describes producing “parts at higher accuracy than other 3D printing methods and systems currently available, in a manner that may use less power and may yield less waste … [and] permit recycling through repair by depositing material of the feedstock onto an existing 3D object, which may be used to repair the 3D object”. Again, this statement was sufficient for Green Channel acceptance.
GB2584654 – 1223 days
This invention relates to a nickel-based alloy, which can be used in powder or wire form as a raw material to make components by additive layer manufacturing techniques such as powder-bed methods and direct metal deposition methods. The applicant was Oxmet Tech Limited, now Alloyed Ltd, based in Oxford.
The application was filed at the UKIPO on 7 June 2019, received a notice of intention to grant on 1 August 2022, and was granted on 12 October 2022. The Green Channel request referred to alloys which “can be used at higher temperatures, meaning that engines with components additively manufactured with this alloy can be run at higher temperatures which is more efficient. The alloy also improves efficiency through lower density.”
A key point to note is that in this case, Green Channel was not requested until 18 November 2021, after the UKIPO was slow to begin the search and examination process. We can imagine that without the Green Channel request, this application might have fallen into the “four and a half years or longer” category.
Of course, there are other methods of speeding up patent prosecution at the UKIPO. These methods include early publication and early entry into the UK national phase from the PCT system. A good example of the use of Green Channel in combination with these additional steps is provided by GB2625459.
This application by Jiangsu University, China, concerns a method for preparing an antibacterial and freshness-retaining packaging material for fruits using 3D printing. The applicant requested early entry into the UK national phase, early publication, and accelerated search and examination via Green Channel.
The reasons given in the Green Channel request were simply that the invention “has the positive environmental impact of resulting in keeping fruit fresh for longer and free of damage. This increases food certainty while at the same time, reducing food wastage which has clear environmental benefits.”
From filing at the UKIPO on 16 February 2024, this application received a notice of intention to grant communication on 3 February 2025 and was granted on 16 April 2025 – 425 days after filing.
The moral of the story is that the Green Channel is a fairly broad one, and with a little thought it could probably be used for a significant proportion of AM-related patent applications, where a fast grant is desirable.
And even if your invention is not green enough for the Green Channel, you can still fast-track your application by requesting accelerated search or examination, giving a reason such as being aware of a potential infringer, or securing an investor.
Interested in how patents can protect AM technology? My colleague Duncan White will be speaking on this topic at TCT 3Sixty on 5 June 2025.
Marks & Clerk advises on all aspects of IP, including patents, trade marks, designs, contracts and contentious matters, and is an associate member of AMUK.
