ホーム > English > Q90. What is accelerated examination?

Q90. What is accelerated examination?

Q90. What is accelerated examination?

A90. The accelerated examination is a non-statutory expedition. This is fast track and a first OA will be issued within two to three months after filing a request for accelerated examination. The accelerated examination can be requested by an applicant under the following conditions:
(1) In the case of a working-related application
(1.1) An explanation on the state of working which should specify:
(1.1.1) A working-related act;
(1.1.2) The period of time in which the invention has been worked or a date at which the invention is scheduled to be worked (not exceeding 2 years from the date of the Explanation form); and
(1.1.3) The relationship between the invention and the working-related act.
(1.2) A prior art search and comparative explanation which should include:
(1.2.1) The result of the prior art search and a concise explanation of the relevance of each patent, publication or other information uncovered by the search.
(2) In the case of an application having a foreign counterpart application.
(2.1) Indication of the filing of an application in a foreign country or a region;
(2.2) A prior art search and comparative explanation which should include:
(2.2.1) The results of the prior art search; and a concise explanation of the relevance of each patent, publication or other information uncovered by the search.
When the application has a foreign counterpart filed in a foreign Patent Office which adopts the substantive examination procedure, a search report prepared by the foreign Patent Office may be submitted in lieu of the document listed in the item (2.2) and (2.2.1).
(3) In the case of a small and medium-sized enterprise or an individual-related application.
(3.1) Explanation that the applicant is small and medium-sized enterprise or an individual.
(3.2) Description of any prior art that the applicant has already known.
In this case, a prior art search is not required.
(4) In the case of a green technology related application (under trial).
(4.1) Explanation based on specification that a claimed invention has an effect of saving energy, reducing CO2, etc.
(4.2) A prior art search and comparative explanation which should include:
(4.2.1) The result of the prior art search and a concise explanation of the relevance of each patent, publication or other information uncovered by the search.
(5) In the case of an earthquake disaster recovery support related application (one year from August 1, 2011).
(5.1) Explanation which should specify one of the following:
(5.1.1) Facts that all or part of applicants has domicile or residence in specified disaster area and has suffered damage due to the earthquake.
(5.1.2) Facts that business office, etc. of judicial person as an applicant is in specified disaster area and has suffered damage due to the earthquake, and the application for accelerated examination involves an invention related to business of this business office, etc.
(5.2) A prior art and comparative explanation which should include:
(5.2.1) The prior art known to the applicant and a concise explanation of the relevance of each patent, publication or other information known to the applicant. No prior art search is required considering that sufficient prior art search may not be conducted due to the damage suffered due to the earthquake.
(6)In the case of an application related to the Act for Promotion of Japan as an Asian Business Center.
(6.1)Description of the facts that:
(6.1.1)all or a part of the applicants is a domestic affiliate company established by a specific multinational corporation for performing research and development business in accordance with a certified research and development business plan;
(6.1.2)the invention described in the claim is related to the achievement of the research and development business plan;and
(6.1.3)the application was filed within 2 years from the end date of the period of performing the certified research and development business.
(6.2)A prior art search and comparative explanation which should include:
(6.2.1)the result of the prior art search and a concise explanation of the relevance of each patent,publication,or other information uncovered by the search.