Practical Use of Accelerated Examination Systems in Japan: Standard and Super Accelerated Examination

Under the Japanese patent system, a request for examination is required to initiate substantive examination. Without this request, the examination will not begin, and no patent rights will be granted.

However, even after filing a request for examination, examination does not commence immediately. For a standard application, it typically takes around 12 months to receive the first office action. This time lag can be a risk when early patent acquisition is needed in line with product development or market launch schedules.

To address this, the Japan Patent Office (JPO) has introduced the Accelerated Examination system and a more stringent variant, the Super Accelerated Examination system. This article provides an overview of both systems, along with their limitations and practical considerations.

Overview of the Accelerated Examination System

The Accelerated Examination system allows the JPO to start the examination process earlier than usual for eligible applications. With this system, the first office action is typically issued within approximately 3 months.

• Timing of Application:
  The request can be filed simultaneously with or after the request for examination.

• Eligible Applications:
  Applications involving implemented inventions, applications for countermeasures against counterfeiting, and applications by SMEs or startups, among others.

This system is broadly applicable and is often used for cases filed shortly before product launch or during preparations for enforcement.

Overview and Requirements of the Super Accelerated Examination System

The Super Accelerated Examination system is a subtype of the accelerated examination with stricter eligibility requirements, but in return, it shortens the time from request to the first office action to within one month.

Key Requirements (both must be met):

1. The application must relate to an implemented invention, i.e., the invention is already in use or about to be commercialized.
2. The application must be a foreign-related application, i.e., a corresponding application has been filed in a foreign jurisdiction.

This system is also available to foreign applicants or entities filing in Japan, making it highly useful in global patent strategies.

Applications Entering Japan via the PCT Route

Even for international applications filed under the PCT (Patent Cooperation Treaty) and entering Japan, the Accelerated or Super Accelerated Examination systems can be used. However, due to the PCT-specific timeline, the actual issuance of the first office action may be delayed beyond expectations.

General Handling:

For PCT applications under the Accelerated or Super Accelerated Examination system, the examination starts as if the request had been made on the Document Digitization Reference Date.
Accordingly, in the case of Super Accelerated Examination, the first office action is generally issued within 2 months from the Document Digitization Reference Date.

Document Digitization Reference Date:
The later of the international publication date or the request for examination date, plus 5 months.

Special Cases to Watch

There are certain “special cases” in which, despite satisfying the formal requirements for Super Accelerated Examination, the actual examination may not begin until at least 5 months have passed since the request for examination.

Definition of Special Case (all three must be satisfied):

1. The PCT application was either: filed with the JPO as the receiving office and in English, or filed with a receiving office other than the JPO.
2. The request for Super Accelerated Examination was made within 35 months from the (priority) date of the application.
3. The request was made before 5 months had passed from the later of the international publication date or the request for examination.

In such cases, even if Super Accelerated Examination is formally accepted, examination will begin only after the Document Digitization Reference Date, resulting in a minimum 5-month delay from the request for examination to the first office action.

Practical Countermeasure: Early Publication of PCT Applications

To speed up the examination in special cases, applicants can file a request for early publication with WIPO.
By accelerating the international publication date, the Document Digitization Reference Date will also shift earlier, enabling earlier commencement of examination in Japan and maximizing the benefits of the Super Accelerated Examination system.

Summary

• In Japan, standard examination takes about 12 months, but can be shortened to 3 months under Accelerated Examination and under 1 month with Super Accelerated Examination.
• Super Accelerated Examination requires both implementation and foreign-related filing.
• For PCT applications, the Document Digitization Reference Date is key to the timing of examination.
• In specific PCT cases, requesting early publication can significantly expedite examination in Japan.

Early acquisition of patent rights is not merely a matter of speed—it plays a crucial role in business negotiations, litigation risk mitigation, and funding strategies.
A precise understanding and strategic application of these systems can greatly enhance the effectiveness of your intellectual property strategy.

If needed, we can also assist with drafting the necessary documents for these procedures or provide consultation. Please feel free to contact us.