1. Introduction: Accelerated Examination for Design Applications

The JPO introduced accelerated examination procedures for design applications on December 15, 1987 (See generally “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications” the JPO, 2023). In the case of receiving an appropriate request for accelerated examination from the applicant, the JPO immediately conducts substantive examination and issues a notification for grant of registration or a notification for reasons of refusal to the applicant within one to two months from the receipt date of said accelerated examination request.

On April 1, 2025, the JPO introduced accelerated examination procedures for design applications for designs filed, marketed and/or planning to be marketed, by startup entities.

2. Eligibility for Accelerated Examination

Accelerated examination is applicable to design applications for industrial designs for objects or graphic images (e.g., GUI), although it does not apply to buildings and interior designs (designs as provided for in Article 8-2 of the Design Act) (See generally “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications” the JPO, 2025).

3. Required Conditions for Accelerated Examination

To petition the JPO to conduct an examination under the accelerated examination procedures, it is necessary to file with the JPO (A) a statement explaining the necessity of accelerated examination; and (B) evidence to prove that the subject design satisfies the conditions for accelerated examination.

(A) A Statement Explaining the Necessity of Accelerated Examination:

(i) Designs that Require Urgent Examination

The applicant must clearly explain the need for accelerated examination by clarifying that the urgency of receiving the examination results is due to one of the following circumstances:

• It is clear that a third party is marketing and/or will be marketing products to which a design identical/similar to the subject design is applied (See generally “Operation of Accelerated Examination System for Design Applications Supporting Anti-Counterfeiting Measures” the JPO, 2023).
• The applicant has been warned by a third party that, if the subject design is applied to products, such action will infringe the rights of the third party’s design registration(s).
• The applicant has received a request from a third party for licensing the subject design.

(ii) Designs Filed by Startup Entities

Even if the applicant does not meet the above criteria, accelerated examination may be requested if the applicant or its licensee markets or plans to market a product incorporating the design, and is considered to be a “startup” that meets any of the following conditions:

• The applicant is an individual (natural person) that has started its business within the last ten (10) years
• The applicant is a company that has been established within the last 10 years with fewer than twenty (20) employees
• The applicant is not a subsidiary of a large corporation, has been established within the last ten (10) years, and has a capital of less than 3 million yen.

(iii) Designs for which Applications have been Filed with other IP Offices

If the applicant has filed applications for the subject design with other IP offices, accelerated examination is applicable.

(B) Evidence Proving that the Subject Design meets the Conditions for Accelerated Examination:

Applicants who meet the above condition (i) must submit the following documents:

• An explanation that the subject design is marketed or is planned to be marketed in Japan
• An explanation of the above condition (i) (i.e., the urgent situation)
• A prior art search report in the field of the subject design

Applicants who meet the above condition (ii) must submit the following documents:

• An explanation that the applicant is a startup entity
• An explanation that the subject design is marketed or is planned to be marketed in Japan

Applicants who meet the above condition (iii) must submit the following documents:

• An explanation that applications have been filed with other IP offices
• A prior art search report in the field of the subject design

4. Details of the Filing Documents

(A) Explanation regarding the Marketing or Planned Marketing of the Subject Design in Japan

The applicant must explain whether the applicant or its licensee is currently, or will be, manufacturing, using, transferring, leasing, importing, and offering for transfer/lease products incorporating the subject design in Japan. It is necessary to submit photographs, webpages, brochures, printed matter as evidence proving that the subject design is applied to the applicant’s products.

(B) “Prior Art Search Report in the Field of the Subject Design”

If the applicant meets conditions (i) or (iii), it is necessary to submit a “Prior Art Search Report in the Field of the Subject Design” at the time of requesting accelerated examination. According to the JPO’s Accelerated Examination Guidelines, it suffices to submit a prior art search report including information on whether any design similar/identical to the subject design was registered within fifteen (15) years up to the filing date of the application for the subject design (See generally “Guidelines for Accelerated Examination and Accelerated Appeal Examination for Applications for Design Registration” the JPO, 2023). Such a prior art search shall be conducted for designs belonging to the same sub-class of the Japanese design classification as the subject design. If the applicant has filed its own design(s) which are identical/similar to the subject design on or before the filing date of the subject design application, such information regarding the application(s) under the examination must be provided in the search report.

(C) Document showing the Application filed with other IP Offices

If the applicant has filed a priority document with the JPO under condition (iii), it is unnecessary to submit a copy of the priority document at the time of requesting accelerated examination. If a priority document has not been submitted, the applicant needs to submit one of the following documents:

• Official Gazette showing the subject design published by the other IP Office
• Filing receipt or Notification of application number issued by the other IP Office
• A certified copy of the application documents filed with the other IP Office
• A statement proving that the applicant has filed the application with the other IP Office.

In case the design was filed via the international application route (i.e., Hague Geneva Act convention route) and published in the WIPO Gazette, it suffices to refer to the international application number and the countries/regions other than Japan designated in the international application (See generally “Operation Concerning Accelerated Examination of International Applications for Design Registration” the JPO, 2015).

The documents filed with the JPO in the accelerated examination procedure will be publicly accessible after the registration of the subject design. Accordingly, if such documents contain trade secrets or confidential information, it is necessary to black out the relevant parts of the documents and explain the situation to the examiner in an oral hearing.

5. Results of Accelerated Examination

After receiving the accelerated examination request, the JPO will begin to determine whether the application is eligible for accelerated examination. If the JPO considers that the submitted information and evidence is insufficient to start accelerated examination of the subject design, it will issue a Notification of Dismissal of the accelerated examination request. Even after receiving such notification, it is possible to file another Accelerated Examination Request with new evidence.

6. Other Information

No official fee is incurred when requesting accelerated examination. The documents related to the accelerated examination shall be prepared in Japanese. Non-Japanese applicants must submit such requests via representatives in Japan.

References:

The JPO (27 February, 2023) “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications”, accessed on May 27, 2025, available at https://www.jpo.go.jp/e/system/design/shinsa/soki-isyou_soukisinri.html

The JPO (1 April, 2025) “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications”, accessed on May 27, 2025, available at https://www.jpo.go.jp/system/design/shinsa/soki/isyou_soukisinri.html

The JPO (27 February, 2023) “Operation of Accelerated Examination System for Design Applications Supporting Anti-Counterfeiting Measures”, accessed on May 27, 2025, available at https://www.jpo.go.jp/e/system/design/shinsa/soki-new_de_ap_2005.html

The JPO (27 February, 2023) “Guidelines for Accelerated Examination and Accelerated Appeal Examination for Applications for Design Registration”, accessed on May 27, 2025, available at https://www.jpo.go.jp/e/system/design/shinsa/document/soki-new_de_ap_2005/isyou_soukisinri.pdf

The JPO (6 July, 2015) “Operation Concerning Accelerated Examination of International Applications for Design Registration”, accessed on May 27, 2025, available at https://www.jpo.go.jp/e/system/design/shinsa/soki-kokusaiisyou_soukisinri.html