Summary
The JPO has announced the launch of a trial “Standard Strategy-Compliant Patent Examination” pilot program for patent applications relating to technologies for which the applicant, or an organization to which the inventor belongs, is conducting standardization activities. The program allows the applicant to request examination at a timing aligned with the progress of standard development, up to 24 months after the request for examination.
Background to the Program
Japan’s patent examination has traditionally been relatively fast, supported by efforts to reduce first-action pendency and the overall period to grant. For ordinary applications, speed is an advantage. For applications that may become standard-essential patents, however, receiving an early grant before the relevant standard is finalized may make it difficult to secure claims that match the finalized specification. In practice, applicants have often kept cases pending by filing divisional applications and then adjusted claim scope after the standard became clearer. To address similar needs, for example, China introduced a deferred examination system through amendments to its Patent Examination Guidelines effective November 1, 2019, allowing deferred examination for invention and design applications for one, two, or three years.
Procedures for Applicants or Domestic Representatives (Preliminary Procedure / Application for Standard Strategy-Compliant Patent Examination)
The procedure has two distinct stages: (1) the “Preliminary Procedure,” conducted every July to secure eligibility and an allowable number of requests, and (2) the later “Application for Standard Strategy-Compliant Patent Examination,” filed for each relevant application after the request for examination as shown in Figure 1.
The two procedures are summarized below.
Conclusion
The pilot program does not reject Japan’s strength in fast examination. Rather, it creates a controlled timing mechanism for standardization-driven filings. For companies building SEP portfolios, it offers a new option beyond repeated divisional filings: complete the Preliminary Procedure, file the later Application for Standard Strategy-Compliant Patent Examination, and demonstrate the relationship between the standardization strategy and the applications to the JPO.