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Home > JPO Activities > Examination on Design Right > Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications

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Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications

Since its introduction on December 15, 1987, the accelerated examination/accelerated appeal examination system concerning applications for design registration has been operated to precisely cater for social needs for early protection of designs.

Guidelines for Accelerated Examination and Accelerated Appeal Examination for Applications for Design Registration (Japanese version only) (PDF: 342KB)

1. Accelerated examination system

The accelerated examination system is a system enabling an examination to be conducted more quickly than under the regular examination upon an appellants' request.

1-1 Applications eligible for accelerated examination

An application for design registration that meets the requirements in (1) or (2) below is eligible for accelerated examination.

(1) Working-related applications with urgent need for design registration

Where the applicant himself/herself or a licensee with the applicant’s consent to work the design in the application has already worked, or considerably advanced the preparation for working, the design, if any of the following cases are applicable(meaning that the design needs to be registered urgently), the application is eligible for accelerated examination.

  • i) It is clear that a third party has, without consent, worked, or considerably advanced the preparation for working, the design in the application or a design similar to the design in the application.
  • ii) The applicant or the licensee has received a warning from a third party regarding the working, or the preparation for working, of the design in the application.
  • iii) The applicant has received a request to give consent to work the design in the application by a third party.

(2) Internationally-filed applications

Where the applicant has also filed with foreign IP offices other than the JPO a design application which contains the same design as in a design application filed with the JPO, the application (filed with the JPO) is eligible for accelerated examination.

1-2 Requesting procedure for accelerated examination

A request for accelerated examination requires the submission of a “Written Explanation of the Needs for Accelerated Examination.”

  • (1) Submitted by: applicant*
  • (2) Timing of Submission: at any time on or after the date of filing an application for design registration
  • (3) Method of Submission: online or on paper
  • (4) Main items that should be described in a “Written Explanation of the Needs for Accelerated Examination”:
    • (a) When requesting accelerated examination on the ground of a working-related application with an urgent need for design registration
       ・Explanation of circumstances concerning the working
       ・Explanation of circumstances necessitating urgency
       ・Prior design search
    • (b) When requesting accelerated examination on the ground of an internationally-filed application
       ・Indication that the application was filed with foreign IP offices other than the JPO
       ・Prior design search
  • (5) Fee: not required

*Any applicant for the accelerated examination who has neither an address nor domicile in Japan is required to file a request through a representative who has either an address or domicile in Japan (e.g. Japanese patent attorney). In addition, the procedure for accelerated examination is required to be carried out in Japanese.

2. Accelerated appeal examination system

The accelerated appeal examination system is a system enabling an appeal examination to be conducted more quickly than under the regular appeal examination upon an demandants' request.

2-1 Appeal cases eligible for accelerated appeal examination

An appeal case against an examiner’s decision of refusal that meets the requirements in (1) or (2) below is eligible for accelerated appeal examination.

(1) Appeal cases concerning working-related applications with an urgent need for design registration

Where the demandant himself/herself or a licensee with the demandant’s consent to work the design in the application has already worked, or considerably advanced the preparation for working, the design, if any of the following cases are applicable(meaning that the design needs to be registered urgently), the appeal case concerning the application is eligible for accelerated appeal examination.

  • i) It is clear that a third party has, without consent, worked, or considerably advanced the preparation for working, the design in the application or a design similar to the design in the application.
  • ii) The demandant or the licensee has received a warning from a third party regarding the working, or the preparation for working, of the design in the application.
  • iii) The demandant has received a request to give consent to work the design in the application by a third party

(2) Appeal cases concerning internationally-filed applications

Where the demandant has also filed with foreign IP offices other than the JPO a design application which contains the same design as in a design application filed with the JPO, an appeal case concerning the application (filed with the JPO) is eligible for accelerated appeal examination.

*Even though a demandant used the accelerated examination system, if the demandant want to use the accelerated appeal system for an appeal case against the examiner’s decision to refuse the application, the demandant need to file a request for accelerated appeal examination separately.

2-2 Requesting procedure for accelerated appeal examination

A request for accelerated appeal examination requires the submission of a “Written Explanation of the Needs for Accelerated Appeal Examination.”

  • (1) Submitted by: demandant*
  • (2) Timing of Submission: at any time on or after the date of filing a request for appeal examination
  • (3) Method of submission: online or on paper
  • (4) Main items that should be described in a “Written Explanation of the Needs for Accelerated Appeal Examination”:
    • (a) When requesting accelerated appeal examination on the ground of an appeal case concerning a working-related application with an urgent need for design registration
       ・Explanation of circumstances concerning the working
       ・Explanation of circumstances necessitating urgency
    • (b) When requesting accelerated appeal examination on the ground of an appeal case concerning an internationally-filed application
       ・Indication that the application was filed with foreign IP offices other than the JPO
  • (5) Fee: not required

*Any demandant for the accelerated appeal examination who has neither an address nor domicile in Japan is required to file a request through a representative who has either an address or domicile in Japan (e.g. Japanese patent attorney). In addition, the procedure for accelerated appeal examination is required to be carried out in Japanese.

[Last updated 6 July 2015]

Contact

Policy Planning and Research Section,
Design Division,
Patent and Design Examination Department
TEL: +81-3-3581-1101 ex.2907
FAX: +81-3-5570-1588
E-mail: PA1530@jpo.go.jp

 

Trial and Appeal Policy Planning Office,
Trial and Appeal Division,
Trial and Appeal Department
TEL: +81-3-3581-1101 ext.3734, 5852
FAX: +81-3-3584-1987
E-mail: PA6B00@jpo.go.jp

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