.png?width=500&height=250&name=%E7%9F%A5%E7%9A%84%E8%B2%A1%E7%94%A3%E4%BA%8B%E5%8B%99%E6%89%80%E3%82%A8%E3%83%9C%E3%83%AA%E3%82%AF%E3%82%B9%20(500%20%C3%97%20250%20px).png)
Introduction: Design is a "corporate asset." Are you ready to protect? "I'm confident in the design...
.jpg?width=1024&height=572&name=unnamed%20(85).jpg)
``I have come up with a design for a revolutionary new product, but I am afraid that counterfeits will appear before it is released.'' ``As a startup, I want to build an intellectual property portfolio as soon as possible and appeal to investors.''
For managers and developers who fight on the front lines of business, the protection of designs, that is, the speed with which they can obtain "design rights," is directly linked to the competitiveness of their businesses. Normal design examination typically takes about six months to a year from the time the application is filed until the first decision is issued, but this cannot keep up with the speed of the modern market, where trends are fierce.
In this case, you should take advantage of the "Accelerated Examination/Accelerated Trial" system provided by the Japan Patent Office.
In this article, based on the latest guidelines revised in March 2025, from the perspective of a veteran patent attorney who is a strategic design rights consultant, we will thoroughly explain everything you need to know to master this system and win rights in the shortest possible way. With an overwhelming volume of over 3,500 characters, it delves into practical "pitfalls" and tips for communicating with examiners.
Table of Contents
- 1. What is the accelerated examination system for designs? (Summary and points of revision in 2025)
- 2. Judgment list of "3 cases" eligible for accelerated examination
- 3. [Important] Excluded cases and precautions (latest operation in 2025)
- 4. A must-see for startups! Strategic acquisition of rights using “interview”
- 5. Application procedure steps and required documents
- 6. The key to creating a "statement of circumstances" taught by professionals: Prior design investigation
- 7. Utilize "early trial" without giving up even after receiving a decision of refusal
- 8. “Three decisive benefits” of hiring a patent attorney
- 9. Summary and future prospects
1. What is the accelerated examination system for designs? (Summary and points of revision in 2025)
Since its introduction in 1987, the system for accelerated examination and trial for designs has been operated to meet the social need for early protection of designs.
First, let's clearly define two terms that can be easily confused.
- Accelerated examination:A procedure that speeds up the examiner's initial decision (decision of registration or notice of reasons for refusal).
- Early hearing:A procedure to expedite the hearing by an administrative judge in an "appeal against a decision of refusal" after receiving a decision of refusal.
[Importance of March 2025 revision]
In this revision, some requirements have been made clearer due to the recent strengthening of startup support and the maturation of the operation of "new protected objects (buildings, interiors, images)" introduced in the law revision in 2019. If you do not know the latest rules and apply with outdated information, there is a risk that your application will be rejected due to insufficient requirements, and that your acquisition of rights will be delayed.
.jpg?width=2752&height=1536&name=unnamed%20(84).jpg)
Professional perspective: Why "early" is necessary
Design rights arise only after they are "established and registered." Even if an application is pending, it is not possible to request an injunction against counterfeit products before registration. By utilizing accelerated examination, registration can be achieved in just a few months (in some cases, about 2 to 3 months) from filing, making it possible to erect a strong legal barrier before competitors follow suit.
2. Judgment list of "three cases" eligible for accelerated examination
Accelerated examination is not universally applied to all applications. You must fall into one of the following three categories: First, please check which category your application applies to using the checklist below.
[Target determination checklist]
-
You or your licensee are implementing (manufacturing, selling, etc.) the design in Japan, or are preparing to do so. And there is one of "imitation by a third party," "receipt of warning," or "license request." -
The applicant is a sole proprietorship or corporation that has been established for less than 10 years. The design is currently being implemented or will be implemented within two years. -
The same design has also been filed with patent offices and intergovernmental organizations outside Japan (such as the United States and Europe).
Detailed explanation of each requirement
① Implementation-related applications (urgent)
It is not enough to simply "make products". You must prove one of the following "emergency situations":
- Imitation by a third party:If it is clear that another company is manufacturing or selling the same or similar design without permission.
- Receipt of warning:If you have received a warning letter from another company stating that your product infringes on design rights.
- Request for license:When a third party asks for a license agreement to allow them to use the design.
Professional perspective:
In practice, the most common application is "in preparation for production." In order to be able to say that preparations are progressing to a considerable extent, the key is to be able to prepare objective evidence, such as specific mold order forms, final stage drawings for commercialization, internal decision documents, etc., rather than just the conceptual stage.
② Application by startup
As a pillar of Japan's growth strategy, startups have very advantageous conditions. The definition is strictly defined as follows.
| Category | Duration requirements | Scale and control relationship requirements |
|---|---|---|
| Sole Proprietor | Opened less than 10 years | Nothing in particular |
| Small corporation | Established less than 10 years | No more than 20 full-time employees (5 or less for commercial and service industries) and not controlled by a large company |
| Medium-sized corporation | Established less than 10 years | Capital of 300 million yen or less and not controlled by a large company |
* "Not controlled by a large company" refers to a situation where no single large company owns more than 1/2 of the shares, or where multiple large companies jointly do not hold more than 2/3 of the shares.
③ Foreign-related applications
If you plan to expand globally, this is the lowest requirement. If you have applied for the same design in a foreign country as your application in Japan, you can request accelerated examination without proof of imitation or urgency.
3. [Important] Excluded cases and precautions (latest operation in 2025)
This is the biggest "pitfall" in practice. Please note that the following cases are generally not covered.
Risk: Main patterns that are not covered
- Application under the multiple design batch application procedure:
The "multiple design batch application" introduced in the 2019 revision cannot receive accelerated examination as it is. After receiving the "Application Number Notification" and being assigned a separate application number (Intention 〇〇〇〇-〇〇〇〇〇〇) for each design, you need to apply for each number. - New protection targets (buildings and interiors):
As designs for buildings and interiors require extensive searches to ensure the quality of examination, they are currently not eligible for all accelerated examinations and hearings. - Restrictions on image designs:
Designs shown in images are eligible for accelerated examination only in the case of "start-up applications." If the reason is "urgency" or "foreign-related", it is not applicable, so a strategic structure is required.
4. A must-see for startups! Strategic acquisition of rights using “interview”
The biggest feature of the accelerated examination for startups is that an "interview" with the examiner is incorporated into the process. This not only speeds up examination, but also becomes a powerful weapon for improving the quality of rights.
Based on the guidelines, you can expect the following benefits.
- Direct appeal of your business position:By directly communicating to the examiner how important the design is to your business, you can deepen their understanding of the originality of your design.
- Early understanding and resolution of reasons for refusal:The examiner will give you an overview of the reasons for refusal known at the time of the interview.
- Positive suggestions for amendments and divisions:You can directly receive strategic advice from the examiner, such as, ``If you amend this part in this way, you can register it'' or ``This part should be filed as a separate right by filing a divisional application.''
Professional perspective:
Interviews can also be conducted online. By having our patent attorneys present, we can simultaneously conduct "technical dialogue" and "legal negotiation" with the examiner, avoid rejection, and determine the optimal scope of rights to protect your business.
5. Application procedure steps and required documents
In order to receive an accelerated examination, prepare a "Explanation of Circumstances Regarding an Accelerated Examination" and submit it to the Patent Office.
Procedure points
- Submission period:You can submit at any time after the filing date.
- Fees:Fees to the Patent Office are'completely free. Unlike patents (which can cost tens of thousands of yen), there is no payment to the government for accelerated design examination.
- How to submit:
- Online (recommended): Use electronic application software. It will be processed as soon as possible.
- Bring it to the counter: Submit it to the reception counter of the Japan Patent Office (Kasumigaseki).
- By mail: Write in red on the envelope, ``Includes explanation of circumstances regarding accelerated examination,'' and send by registered mail.
Required information
It is not enough to simply write ``I want it done quickly'' in the explanation of the situation.
- Explanation of implementation status:Which products have you been making and when?
- Explanation of urgency (for case 1): Describe the fact of imitation, etc. along with photographic evidence.
- Preliminary design research:Results of our own research into past designs.
6. The key to creating a "statement of circumstances" taught by professionals: Prior design investigation
When requesting an expedited examination, the report on the "prior design search" is the highest hurdle and the one that will determine the outcome of the examination. Based on the guidelines (3-5), applicants are required to conduct highly accurate research.
Specific rules for investigation
- Survey scope:Use J-PlatPat to search within the subclassification of the "Japan Design Classification" to which the design belongs.
- Period:As a general rule, it is necessary to conduct a retrospective search for 15 years prior to filing.
- Target:In addition to registered design gazettes, we will also include "publicly known materials" such as magazines, catalogs, and websites as much as possible.
Practical example (bicycle case)
Based on the example description in the guidelines, it is necessary to specifically describe it as follows.
"We searched all Japanese design publications within the scope of the minor classification (bicycles) of the Design Classification Table for 15 years prior to the filing date of the present application.As a result, we extracted 3 publications, including Design Registration No. XXXXXX, but the design differs from the present application in the structure of 〇〇, and it was determined that the claimed design is novel.''
Professional perspective: What if your research doesn't find any similarities?
If you can't find any similar designs at all after searching, it is a professional skill to attach ``materials showing the standard of the general design behind the design'', rather than just writing ``None''. This gives the examiner a sense of confidence that an appropriate investigation has been carried out, and encourages a smooth start to the examination.
7. Use of "early hearing" to not give up even after receiving a decision of refusal
Even if you receive a "decision of refusal" at the first examination, there is still a way to quickly resolve the issue. This is an “early trial.”
- Eligibility requirements:Almost the same as accelerated examination (emergency, start-up, foreign-related).
- Simplification of procedures:If you received accelerated examination at the examination stage, and the circumstances have not changed, you can greatly omit the description of the details by simply writing ``Refer to the statement of circumstances regarding accelerated examination.''
Maintenance of trade secrets (2025 revision for peace of mind)
At an early hearing (trial stage), you may have to explain "trade secrets" that cannot be made public, such as the circumstances of counterfeiting or specific business plans. Anyone can view the statement of circumstances after registration, but by requesting a“hearing”, important secrets can be explained orally and the need to include them in writing can be omitted. This allows you to receive an expedited hearing without revealing your intentions to your competitors (Guideline 4-3).
8. "Three decisive benefits" of hiring a patent attorney
The accelerated examination procedure is complicated, and it would take a lot of time and risk to do it yourself. The reason why you should hire a patent attorney who is an expert is because there is more value than just "representation".
Advantage 1: Accuracy of requirements determination and avoidance of "method directive"
If you make a mistake in detailed practical rules, such as determining the "control relationship of a large company" in the definition of a startup or the timing of switching from a multiple design application at once, you will receive a "formality order (amendment order)" from the Japan Patent Office, resulting in a loss of several months. If you leave it to a professional, you can apply in as little as one day.
Advantage 2: Overwhelming accuracy of preliminary design search
Creating a search expression for J-PlatPat requires skill. Instead of blindly looking through 15 years' worth of publications, we can dramatically improve registration rates by identifying the "classifications" that examiners would actually search for and providing persuasive comparative explanations.
Advantage 3: Negotiation of "lost points" with the examiner
Especially for startups, how you respond in interviews is important. Only a patent attorney with extensive experience in acquiring rights can judge on the spot how much amendment should be made without affecting the business in response to the examiner's suggestion and respond immediately.
9. Summary and future outlook
With the latest guidelines for 2025, the accelerated examination and trial system for designs has evolved into an operation that is more in line with "business realities."
- Understand the latest requirements revised in March 2025 (especially the handling of image designs).
- Improve the accuracy of "prior design search" and convince examiners.
- Use "interviews" and "hearings" to obtain high-quality rights while maintaining confidentiality.
Promptly protecting intellectual property is not just risk avoidance. It is a strategic investment that declares to the market that ``this design is our rightful claim,'' and establishes the company's brand value.
First, our office will conduct a free diagnosis to determine whether your design is eligible for early review. Please consult with us before counterfeit products appear and before you miss your chance. Our veteran patent attorneys will do our best to support your company's speedy management.
Are you having trouble with expedited examination for design registration?
Our experienced patent attorneys will support you in acquiring rights reliably and speedily.
Click here for inquiries and free consultation*The first simple diagnosis is free
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
