Accelerated Examination in Japanese Patent Application

1. Introduction

In Japan, a patent application will not undergo substantive examination unless a Request for Examination is filed. Even after filing the request, it typically takes around one year before substantive examination begins.

For applicants who need to obtain a patent quickly due to product launch schedules or business development plans, Japan offers a useful option: the Accelerated Examination system.

By using this system, the examination usually begins within 2 to 3 months, and in some cases, a patent may be granted within approximately 6 months from the request.

2. Eligibility Requirements

To apply for accelerated examination, the application must fall under at least one of the following categories:

(a) Applications related to commercial implementation (products or services are already in use)

(b) Applications with foreign counterparts (e.g., Paris Convention or PCT applications claiming priority from the U.S. or EPC countries)

(d) Green technology-related applications

(e) Applications related to disaster recovery support

(f) Applications under the Act on Special Measures for the Promotion of Japan as an Asian Business Center

Applications claiming priority from a U.S. filing or PCT applications entering the Japanese national phase are considered foreign-related applications and are eligible for accelerated examination.

Note that only the applicant or their authorized representative can request accelerated examination. Third parties are not permitted to submit the request.

3. Required Documents

To use the accelerated examination system, the applicant must submit a document titled “Statement of Grounds for Accelerated Examination.”

This document must include:

(A) Explanation of the grounds for acceleration

Demonstrates that the application meets one of the eligible categories listed above.

(B) Disclosure and analysis of prior art references

The applicant must identify prior art relevant to the claimed invention and explain the differences between the prior art and the invention in concrete terms.

If the application has received an Office Action in another country or is a PCT application, references cited in that Office Action or the International Search Report must be submitted, along with a clear explanation of how the invention differs from them, translated into Japanese.

4. Official Fees

No additional fees are charged by the Japan Patent Office (JPO) for using the accelerated examination system.

5. Attorney Fees

Professional fees for preparing the Statement of Grounds for Accelerated Examination may apply. These fees typically range from USD 500 to 2,000, depending on the complexity of the case.

6. Conclusion

The Accelerated Examination system in Japan provides significant advantages for applicants who require a swift grant of rights, especially given that the procedure is free of charge at the JPO.

It is particularly valuable when:

A product or service is scheduled for early market launch, or

There is a need to address potential infringement by third parties.

In addition, the examination process may be accelerated by having an interview with the examiner.

Our firm offers comprehensive support for this process, including English-to-Japanese document translation, preparation of all required submissions, and correspondence with the JPO on your behalf.

If you are interested in utilizing this system, please feel free to contact us.

If you have any questions, please feel free to contact us through the following page:

https://www.oshpat.jp/en/en-contact/

OSHIMA & PARTNERS
Patent Firm
Japanese Patent Attorney
Yosuke Katsumi

Topics