Accelerated Examination｜IP Laws & Practices

What are eligible applications for accelerated examination?(1) PCT application
(2) Application which has a counterpart application in a foreign patent office
(3) A divisional application from (1) or (2)

How to start the procedure?The procedure is initiated by filing a request for accelerated examination.

Who will file it?Applicant of the patent application

When to file it?A request for accelerated examination may be filed at the same time or after the request for normal examination.

What are the necessary documents?I:
(a) All the references cited in the International Search Report;
(b) All the references cited in the prosecutions of the US and EP counterpart applications as particularly relevant to the patentability, if those counterparts have already matured into patents; or
(c) If neither (a) nor (b) is available, all the prior art references known to the inventor; and
II:
Brief comments on the patentability over each reference.

How fast is the Accelerated Examination?(1) In the normal examination, a first office action issues on average 24 months after filing the request for normal examination (2004 statistics).
(2) In the accelerated examination, a first office action usually issues within 6 months or less of filing the request for accelerated examination.

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