Accelerated Examination Request
The Japanese Patent Office has an accelerated examination system for trademarks, designs, and patents.
For trademarks and designs, the first office action will come within two months if certain requirements are met. The trademark or design is then registered early.
Since it usually takes up to a year for the first office action to arrive, it is recommended that you take advantage of the accelerated examination system if you meet the requirements.
If you are not sure whether your trademark or design application meets the requirements, please contact us. We will be happy to help you.
Patent applications, like trademark applications, are subject to the same accelerated examination system with the first office action coming within two months.
If you live in the U.S. or Europe, a similar system exists in your country. Please note, however, that each country has different standards for eligible applications and procedures to apply.
In addition to the Accelerated Examination System, Japan also has a Super Accelerated Examination System, which allows the first office action to be filed within one month. It is truly super!
However, in order to qualify for Super Accelerated Review, in addition to meeting the requirements, you must also submit a Statement of Circumstances.
Let’s take a look at what exactly must be included in the Statement of Circumstances.
Disclosure of Prior Art and Explanation of Contrast
Prior Art Search
The applicant conducts a prior art search and states the results of the search in the statement of circumstances.
If the results of the prior art search at the foreign patent office have already been obtained, there is no need to conduct a new prior art search. It is sufficient to submit the results of the foreign patent office search and attach a copy of the relevant prior art document. Please attach Japanese translations of the necessary parts of the foreign-language documents. We can provide this service at a low cost (from 0.05 USD per word).
Explanation of contrast
The applicant compares the invention with the prior art that he/she has learned from the prior art search or the results of the search by the foreign patent office, and explains the novelty, inventive step, etc. of the invention. You can also present proposed amendments. We can help you this step.
Examination
The Examiner selects whether or not to refer the application for accelerated examination mainly from the viewpoint of (i) whether the application is eligible for accelerated examination and (ii) whether or not the prior art references are accurately disclosed.
Processing of Accelerated Examinations by Examiners
The Examiner in charge of a case that is subject to Accelerated Examination will, in principle, promptly begin examination of the case, giving priority to ordinary cases, and will proceed with the examination procedure so that the disposition of the case after commencement will also be completed without delay.
Super Accelerated Examination
Applications that are eligible for Super Accelerated Examination may be subjected to examination from initiation to final disposition even earlier than those subject to regular Accelerated Examination.