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WEEKLY NEWS - NOVEMBER 17, 2008

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

Patent granted in 17 days in Japan

Peter Ollier, Hong Kong

The Japan Patent Office has granted a patent to a university just 17 days after the examination request was made

On October 1 the JPO launched a pilot version of its super accelerated scheme to process patents more quickly than under the existing accelerated system.

On the same day, Keio University in Tokyo filed a request using the new scheme for examination of a patent entitled Electrochemical Analysis Method Using Boron Doped Electroconductive Diamond Electrode.

Kenichi Hatori, director of the intellectual property centre at Keio University, told Managing IP that he was “a little surprised” at the speed with which the patent was granted. He said that the university had decided to ask for super accelerated examination because the patent was going to be transferred to a company so “we wanted to confirm that a patent would be granted”.

He said there was no need to pay an extra fee above that required for the accelerated examination, but that the application has to fulfil the same conditions as for accelerated examination.

The JPO introduced the accelerated examination system in 1986. An applicant or licensee has to be exploiting the invention or has to do so within six months and to have filed corresponding applications in another jurisdiction. They also need to submit a prior art report and comparative description.

This patent application was filed in October 2007 in the US and Japan using the PCT. In Japan a patent applicant can defer substantive examination by up to three years.

“It is important for companies or people who have many patents that can get an examination result and the patent right as soon as possible after we make the request for examination,” Hatori said.



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