USPTO Ends Expedited Examinations of Patents Targeting Climate Change

Tyler Tucker

In 2022, the USPTO launched its Climate Change Mitigation Pilot Program.[1] The Climate Change Mitigation Pilot Program was enacted to help promote the creation of inventions addressing climate change in alignment with Joe Biden’s 2021 executive order, “Tackling the Climate Crisis at Home and Abroad”.[2]

The Climate Change Mitigation Program accelerated USPTO examination of patent applications for inventions that aim to positively impact climate change.[3] To be eligible for the Climate Change Mitigation Pilot Program, an invention must be designed to remove greenhouse gases from the atmosphere, reduce greenhouse gas emissions, or monitor greenhouse gas emission reductions.[4]

The Climate Change Mitigation Pilot Program was initially intended to remain in place until June 2027, or when 4,000 patent applications were granted accelerated review under the program.[5]

On his first day in office, President Trump repealed Biden’s “Tackling the Climate Crisis at Home and Abroad” executive order. Eight days later, on January 28, 2025, the USPTO updated the Climate Change Mitigation Pilot Program website to show that the program was suspended.[6] The Climate Change Mitigation Pilot Program website states that information about the suspension of the program will be provided soon. As of March 4, 2025, no further information has been provided.

[1] Climate Change Mitigation Pilot Program – SUSPENDED, United States Patent and Trademark Office, https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program

[2] Ryan Davis, USPTO Ends Fast Exams Of Patents Targeting Climate Change, Law360, (Feb. 12, 2025, 7:48 PM EST), https://www.law360.com/articles/2297348?nl_pk=fd81eaff-8b04-4631-8fec-3e1a4faa7775&utm_source=newsletter&utm_medium=email&utm_campaign=special&utm_content=31894&read_main=1&nlsidx=0&nlaidx=5

[3] Climate Change Mitigation Pilot Program – SUSPENDED, supra note 1

[4] Id.

[5] Ryan Davis, USPTO Ends Fast Exams Of Patents Targeting Climate Change, supra note 2

[6] Id.