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Accelerated Examination and Accelerated Appeal Examination of Patent

JPO has the accelerated examination program.
Using accelerated examination option is easy and needed no
optional fee to JPO.
Our fee for preparing and filing an accelerated examination document
is 10,000YEN.

In case of your clients, if they are persons or small companies, it is easiest.
We just have to declare that the applicant is a person or a small
company. It is desirable that some earlier literatures are pointed out
in the specification of the application.

In the other cases, the second easier plan is to indicate that the
application number in foreign countries, and if possible, the opinions
of the foreign examiners.

Main points of revision are as follows.
 

1.
Expanded scope of internationally-filed applications

 
With the revision, the scope of internationally-filed application has been expanded to include PCT-related applications (e.g. domestic applications which provides a basis to a priority claimed in a PCT application as well as PCT applications entering the national phase in Japan).

 
 

 
Therefore, the accelerated examination system is now applicable to:

a)
applications that were filed with both JPO and at least one foreign IP Office; and

b)
applications that were filed with the IP Office as the Receiving Office under the PCT and then entered in the national phase in Japan;

c)
applications that were filed with the JPO as domestic applications and also filed with the Receiving Office under the PCT.

 
 

2.
More flexible procedure

 
Applicants who wish to apply for the accelerated examination system were required to specify the application number of a foreign patent application under the old system. With the revision, however, this requirement has been relaxed. Specifically, where an applicant was not able to obtain the application number of the foreign application from the foreign IP Office concerned, he is allowed to submit such a document as a copy of an application filed with the foreign IP Office instead of specifying the application number of a foreign patent application.
(Notes)

1)
The procedure to apply for accelerated examination is required to be carried out in the Japanese language. Any applicant for accelerated examination who has neither an address nor domicile in Japan is required to follow the procedure through a representative who has either an address or domicile in Japan (e.g. Japanese patent attorney).

2)
Patent applications falling under the categories below are eligible for the accelerated examination system or accelerated appeal examination system

i)
"Working invention-related applications" Applications filed by an applicant or a licensee who has already commercialized the invention or plans to commercialize the invention within two years from the filing date of a request for accelerated examination

ii)
"Internationally-filed applications"
[After revision]
Applications for inventions that were filed with at least one foreign IP Office as well as the JPO or filed as international applications under the PCT.
[Before revision]
Applications for inventions that were filed with at least one foreign IP Office as well as the JPO

iii)
"Academic institutes-related applications" Applications filed by a university, junior college, public research institute, approved TLO, or an authorized TLO

iv)
"SME-related applications"
Applications filed by an SME or an individual

v)
*accelerated appeal examination only
An application in which a person who is not an appealant (third party)has exploited the invention as a business after the publication of unexamined application of the appeal/trial case before an appeal/trial decision has been made