``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
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.
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 If you do not know the latest rules and apply with outdated information, there is a risk that your application will be rejected due to insufficient requirements, and that your acquisition of rights will be delayed.
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.
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]
It is not enough to simply "make products". You must prove one of the following "emergency situations":
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.
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.
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.
This is the biggest "pitfall" in practice. Please note that the following cases are generally not covered.
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.
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.
In order to receive an accelerated examination, prepare a "Explanation of Circumstances Regarding an Accelerated Examination" and submit it to the Patent Office.
It is not enough to simply write ``I want it done quickly'' in the explanation of the situation.
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.
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.
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.”
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).
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".
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.
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.
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.
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."
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.
Our experienced patent attorneys will support you in acquiring rights reliably and speedily.
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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).