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Japanese Patent Application FAQs
Expedited Examination
1. Does the Japanese Patent Office have a practice by which an applicant can petition the Patent Office to expedite the prosecution of a patent application? If so, what are the circumstances that would allow an applicant to expedite the prosecution?
Yes. The following circumstances will allow an applicant to expedite prosecution:
1) If the application has been filed in a foreign country (any countries outside Japan).
2) If a licensee of the application is using or selling the invention in Japan.
To expedite examination, first, a request for examination must be filed. Then, it is necessary to file a petition for expedited examination with the JPO after the examination request is filed. We need a copy of examination reports issued by foreign Patent offices for corresponding foreign patents, i.e., office actions, to prepare such a petition. We also need a copy of all responses to these office actions. However, we will not submit the examination reports and the response to the JPO (we only need the documents for preparation). Our basic service fee for filing such a petition is approximately 200,000 yen. No official fee will be incurred.
If there are no examination results in foreign countries for the original application, it is necessary to search for the closest prior art pertaining to the application. The JPO requires an explanation of how and what kind of search was done and the results thereof. We will charge approximately 200,000 yen for such a search.
Typically, you can expect to receive an office action within approximately three months from the date of filing a petition for accelerated examination.
2. What are the differences among the four types of the accelerated examination?
The table below shows the differences and basic features between the four types of accelerated examination.
JPO Statics for the Year of 2007
|
Number of Requests | Required Time （months） |
Requester | Publication (laid open) |
Features |
| Preferential Examination | 6 | 2.2 (until the final results: 5.9) | Applicant Third Party |
Required | ・A third party is practicing or planning to practice the claimed invention. ・Can be filed by a third party for defensive purposes. |
| Accelerated Examination | About 8,500 | 2.2 (until the final results: 5.9) | Applicant | Not required | ・An examination result has been issued in another country. ・If no examination results have been issued, the applicant must conduct a prior art search and file the results with the JPO. |
| Patent Prosecution Highway | 1～2 | Applicant | Not required | ・At least one corresponding application exists in the USPTO and has one or more claims that are determined to be allowable/patentable by the USPTO. | |
| Super Accelerated Examination | 100 per month (estimated) | 1.1 (until the final results: 3) | Applicant | Not required | ・The claimed invention must be presently practiced or planned to be practiced within two years from the date of Super Accelerated Examination is requested. |