“Accelerated Examination System”: Measure to obtain a patent right more
quickly
As a measure to obtain a patent right in Japan more promptly, “Accelerated Examination System” is available for applicants of patent applications. This system enables an examination of a patent application meeting certain requirements to be conducted more quickly than under the regular examination. Under the regular examination system, examination results come out in around 12 months from the date of filing a request for examination. On the other hand, if it is allowed that “Accelerated Examination System” is applicable, examination results come out in around 3 to 4 months. The outline of this system is as follows.
(1) Applications eligible for the accelerated examination system
In respect of a patent application for which a request for examination has been filed and which meets any one of the following requirements, the applicant may file a request for an accelerated examination:
a) A patent application of which applicants, in whole or in part, are individuals, small and medium-sized companies, universities etc. or technology transfer organizations (TLO);
b) A patent application of which applicant has filed a foreign application or international application in respect of the invention; or
c) A patent application of which applicant itself, or any other person or entity who has been licensed by the applicant to practice the invention, has been practicing the invention or plans to practice the invention within 2 years.
(2) Procedure for the Accelerated Examination
A request for an accelerated examination will be made by submitting a “Written explanation of the needs of the accelerated examination” describing the following.
a) Circumstances related to a filing of an accelerated examination
b) Disclosure of the prior art documents
c) Explanations of comparisons with the prior art
Records of use of Accelerated Examination
(Source: “Outline of Accelerated Examination and Accelerated Appeal Examination” from the web site of Japan Patent Office)