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Home > JPO Activities > Accelerated Examination and Accelerated Appeal Examination > Outline of super Accelerated Examination

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Outline of super Accelerated Examination

Outline of Accelerated Examination and Accelerated Appeal Examination

1. Introduction

The basic outline of the super accelerated examination system is that the first action (FA) is issued within one month from the request for super accelerated examination (within two months in principle for DO applications), and a subsequent examination is conducted within one month from the submission of the written opinion/amendment, thereby reducing the period from the request to the final decision compared to the regular accelerated examination system. The system targets highly important applications, which meet the requirements both for "Working-related applications" and for "Internationally filed applications" out of the requirements for the regular accelerated examination system.

There were about 400 requests for super accelerated examination in 2010. The average FA pendency of applications under the super accelerated examination system in 2010 was about 25 days from the date of requesting for super accelerated examination.

Moreover, the average period from the request to the final decision was about 50 days in 2010, this was greatly short period , compared with the average about 170 days under the regular accelerated examination system.

��Designated Office (DO) applications: Applications filed with the IP Office as the Receiving Office under the PCT to enter into the national phase in Japan.

2. Outline of the super accelerated examination system

(1)Applications eligible for the super accelerated examination

All those applications including DO applications, which meet the requirements as mentioned in (i) and (iv) below, are eligible for the super accelerated examination.

  • i) Applications which have been requested for examination and have not been unexamined.
  • ii) �gWorking-related applications�h and �gInternationally filed applications�h
  • As with the previous trials, highly important applications which meet the requirements both for �gWorking-related applications�h and �gInternationally filed applications�h, are eligible for the super accelerated examination.
  • iii) Applications for which all procedures have been taken online from 4 weeks before the date of filing a request for super accelerated examination. Applications whose documents have been processed in paper 4 weeks before the date of filing a request for super accelerated examination or after the said date, are not eligible for the super accelerated examination.
  • iv) The application shall not be withdrawn under Article 42(1) of the Patent Act.

(2)�@First action pendency

For normal domestic applications, as with the previous trials, FA pendency is one month or less from the date of filing a request for super accelerated examination. For DO applications, FA pendency is two months or less from the date of filing a request for super accelerated examination (or, from the estimated date in terms of digitizing documents depending on application type and filing timing *).

* For DO applications, depending on application type and filing timing, there may be required a certain amount of time to wait for digitized documents processed at the WIPO. In some cases, therefore, FA pendency might be longer than two months.

The case ofFA pendency

Application type

Timing of making a request for super accelerated examination

FA pendency

RO/JP Japanese*1

�iRegardless of requesting timing

Less than two months from the date of requesting for super accelerated

RO/JP English*2

When a request is made

RO/Overseas*3

more than 35 months after the filing date (priority date)

examination

When a request is made more than five months after the date of either international publication or examination request (whichever later).

When a request is made within less than 35 months after the filing date (priority date), and it is also made within less than five months after the date of either international publication or examination request (whichever later)

Less than two months from the estimated date in terms of digitizing documents*4

*1 RO/JP Japanese: International applications in Japanese for which the competent receiving office is the Japan Patent Office

*2 RO/JP English: International applications in English for which the competent receiving office is the Japan Patent Office

*3 RO/Overseas: International applications for which the competent receiving office is a foreign patent office

*4 Estimated date in terms of digitizing documents: The date when five months have passed since the day either of international publication or examination request, whichever later

(3) Period for applicants to respond

As with the previous trials, a period for applicants to respond is 30 days from the date of sending the notification for reasons of refusal (two months for overseas applicants).

(4) Second or any subsequent action pendency period

The second or any subsequent action pendency will be one month or less for all applications including DO applications. This shortens a period of time required to make a final decision.

As shown below, compared to a regular accelerated examination, a case of super accelerated examination achieves the final results at an earlier examination stage.

[Comparison between the regular accelerated examination and the super accelerated examination]

Explanation drawing of Comparison between the regular accelerated examination and the super accelerated examination

(5) Exceptional handling during the pendency

In case where an examination is prolonged due to any unavoidable reasons, the case is for example excluded from the list of eligible applications and is handled under the regular accelerated examination system, while considering that the super accelerated examination is still in a trial stage.

3. Additional notes

Please refer to the following information on more details about the procedure of requesting for the super accelerated examination.

Please also refer to the following information on the regular accelerated examination.

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