On Applying for Accelerated Examination of Japanese Patents
1. PPH
It does not matter whether it is under the Paris Convention or the PCT.
What you need in order to receive PPH treatment in Japan based on a Korean registered patent is as follows:
- 1) The notice of grounds for rejection issued by the Korean Intellectual Property Office and its translation
- 2) For any non-patent literature among the cited references, a copy thereof
- 3) All claims that were found patentable by the Korean Intellectual Property Office and their translation
- 4) A comparison between the application claims and the patented claims
2. PCT-PPH
This is applicable when the patent has not yet been registered in Korea, but a favorable report (written opinion) was issued during the PCT international phase.
The required documents are almost the same as above.
3. Ordinary Accelerated Examination in Japan
1) Universities and Small and Medium-sized Enterprises (SMEs)
Universities and SMEs can request accelerated examination.
Therefore, even without going through the PPH, a request for accelerated examination is possible.
A prior art search is also unnecessary. You only need to list the references you are aware of.
The criteria for an SME vary by industry; for example, manufacturing is 300 employees or fewer.
However, if you use the PPH, then because the patent has already been granted in Korea and the claims are similar, there will be no office action (OA) or only a minor one, making registration more likely.
2) Preparing to Work / Currently Working the Invention
You must conduct and compare a prior art search.
3) Green Industry-related
You must conduct and compare a prior art search.
4. Conclusion
If the PPH is possible, it is better to use it; if not, almost all SMEs and universities can apply for accelerated examination, so you can simply make use of that.