The following three types of accelerated patent examinations are often used in Japan.
(1) Regular accelerated examination
It takes 2 to 3 months until receipt of a first Office Action.
Depending on a reason for accelerated examination, there are the following types of accelerated examinations.
- Working-related applications
- Internationally-filed applications
- Applications filed by SMEs, individuals, universities, public research institutes etc.
- Green-technology related applications
- Earthquake Disaster Recovery Support-related applications
- The Asian Business Location Law-related applications
(2) Super accelerated examination
It takes less than one month until receipt of a first Office Action.
Any of the following reasons is necessary.
- Working-related and Internationally-filed applications
- Working-related applications which is filed by startups
(3) Patent Prosecution Highway (PPH)
It takes 2 to 3 months until receipt of a first Office Action.
Depending on a reason for accelerated examination, there are the following types of PPH.
- Regular PPH based on an allowance in other countries
- PCT-PPH based on favorite results in a PCT international phase
Please note that examiners in Japan will examine an accelerated case in accordance with the Examination Guideline in Japan, and will not be bound by examination results of other countries, and thus note that there is a possibility that an accelerated examination in Japan may be only a trigger of substantive examination.
References (JPO website) :
https://www.jpo.go.jp/e/system/patent/shinsa/jp-soki/
https://www.jpo.go.jp/e/system/patent/shinsa/jp-super_soki/
https://www.jpo.go.jp/e/system/patent/shinsa/soki/pph/index.html
Author: Toyoharu Matsuda