How to use the Green Channel to accelerate patent protection

The UK Intellectual Property Office (UKIPO) offers a Green Channel for patent applications, designed to accelerate the processing of inventions that provide environmental benefits.

Patents protect innovations that are new and inventive and could, for example, cover a new manufacturing process, new formulation, new ingredient, or new delivery mechanism. Protecting your work brings a range of benefits, from discouraging copying and encouraging investment, to tax benefits through the Patent Box scheme which reduces corporation tax to 10% on profits from products covered by a UK patent.

It normally takes 3-5 years to obtain a UK patent, but this can be substantially reduced for inventions with an environmental benefit by using the Green Channel. The environmental benefits which can lead to eligibility for the Green Channel are wide ranging and could include, for instance, more eco-friendly packaging, sustainable ingredient development, or more energy efficient and/ or less wasteful manufacturing processes. Applying for the Green Channel simply involves submitting a written request explaining how your invention benefits the environment. The UKIPO does not examine the requests in detail: as long as it has a plausible environmental benefit, it should be allowed.

The UKIPO received a record 560 requests in 2023 through the Green Channel, which is a 12.2% increase on the previous record in 2022 of 499 applications. However, this only accounts for less than 3% of the 19,966 patent applications filed at the UKIPO in 2023, whereas recent research indicates that a much higher proportion of innovation relates to green technology. For example, the UKIPO’s recent landscape analysis of IP trends relating to green technology – which can be found here – found that 5.1% of patents relate directly to climate action, whilst many more may relate to climate action indirectly, suggesting the Green Channel is heavily under-utilised.

But why would you want to achieve faster patent grant?

Common reasons for companies and individuals to seek a faster grant include being able to access the Patent Box tax benefits, potential infringement of your intellectual property by a third party, or to satisfy investors. However, there are times when accelerating a patent application is not desirable, and we would always recommend discussing it with your patent attorney first.