7. How to speed up the process for faster grant of patent

How to speed up the process for faster grant of patent

Fast Track grant of patent in Japan by Accelerated examination: the patent would be granted within 6 months time via the Accelerated Examination Program or a few months through the Patent Prosecution Highway (PPH).

Table of Contents

In general, it takes from 2 to 3 years to have a patent granted. There are many strategies and ways to speed up this process and get a patent granted in less time.

Some approches are like opting for

  • Accelerated Examination and Accelerated Appeal Examination
  • Patent Prosecution Highway (PPH)

on the other hand, some of the indirect ways that can help you get faster grant of patent are :

  1. Being ready with appropriate information about the invention really reduces time from the ideation stage of the invention to filing of the patent, our guideline on how to go from Idea to invention disclosure and to granted patent.
  2. Providing clear and consize invention disclosure specifically mentioning novel and non-obvious part of invention (if possible) will save a lot of time and reduce frequency of communication with Patent practitioner.
  3. drafting the first claim in the meeting with a patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for the same outcome.
  4. Review the patent draft (patent application) in quicker time before filing in to USPTO
  5. You may also contact patent examiner for status of the patent application (status request)
  6. You may choose to go for First Action Interview Program and talk to the examiner before the examiner issues a first communication; having direct communication with the examiner to help speed up the process and you may get early allowance of an application.
  7. and last but not least, a well drafted patent application with well written claims have better chance to proceed to grant of patent in much lesser time.

Accelerated Examination and Accelerated Appeal Examination

The accelerated examination system/accelerated appeal examination system is a provision to get faster grant of patent, such request can be made in certain conditions like :

Currently, the system can be applied to the following six types of applications and appeals against an examiners’ decision of refusal for the applications:

  • Working-related applications: already commercialized the invention or plans to commercialize the invention within two years
  • Internationally-filed applications;
  • Applications filed by SMEs, individuals, universities, public research institutes etc.;
  • Green-technology related applications: patent of “green invention (a kind of invention that has an energy-saving effect and contributes to CO2 reduction).”
  • Earthquake Disaster Recovery Support-related applications
  • The Asian Business Location Law-related applications.

Procedure for the accelerated examination and accelerated appeal examination

You can make a request for an accelerated (appeal) examination by submitting a “Written explanation of the needs of the accelerated (appeal) examination”. Request for an accelerated (appeal) examination is free of charge.

Source : JPO website link

Patent Prosecution Highway (PPH)

The PPH enables an application whose claims have been determined to be patentable in the Office of First Filing (OFF) to undergo an accelerated examination in the Office of Second Filing (OSF) with a simple procedure upon a request from an applicant on the basis of bilateral office agreements.

The purpose of the PPH is to facilitate an applicant’s acquisition of a patent at an early stage worldwide and to enhance the utilization of search and examination results between the IP Offices so as to reduce the burden of examination and to enhance the quality of examination worldwide.

Prasad Karhad
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