2026.07.03

JPO Launches Pilot Program to Delay Commencement of Patent Examination in Line with Standardization Progress

Effective July 1, 2026, the Japan Patent Office (JPO) has launched a pilot program for the “Examination Aligned with Standardization Strategy.” Under this program, applicants engaged in standardization activities(*1) may request the commencement of examination at a time of their choosing, provided that the examination begins between 12 and 24 months after the filing of a request for examination.

 *1: “Standardization activities” refers to activities aimed at establishing and disseminating standards, such as participation in meetings, working groups, or other standard-setting forums.

The program is designed to allow the applicants to align patent prosecution more closely with developments in relevant standards. As a result, the applicants will have flexibility in obtaining rights that reflect the standardization activities, including the acquisition of standard-essential patents (SEPs), in accordance with the progress of standard development.

1. Eligible Patent Applications
To qualify for the Examination Aligned with Standardization Strategy, a patent application must satisfy both of the following requirements:

 (a) Directed to a technology that is the subject of standardization activities conducted by the applicant or an organization to which the inventor belongs; and
 (b) Included in the list of patent application numbers submitted in connection with the preliminary procedure described below.

2. Required Procedures
(1) Preliminary Procedure (Conducted Annually in July)
Once each year, in July, applicants intending to request the Examination Aligned with Standardization Strategy must submit a list of patent application numbers for which they expect to seek the program during the one-year period from October 1 of that year through September 30 of the following year.

Based on the submitted list, the JPO will notify the applicant of the number of patent applications that may be accepted for the Examination Aligned with Standardization Strategy during that period.

(2) Request for the Examination Aligned with Standardization Strategy
For eligible patent applications included in the submitted list, and within the number of patent applications approved by the JPO, the applicant must complete the following steps within five business days from the filing date of the request for examination:

 (a) Submitting “Application Form” and “Supporting Documentation”
 The Application Form must include the patent application numbers that the applicant wishes to be subject to the Examination Aligned with Standardization Strategy, a description of the relevant standard (e.g., the content of the standard under development and the anticipated timing of standard development), and the applicant’s chosen timing for the commencement of the examination. The Supporting Documentation must demonstrate the applicant’s involvement in standardization activities related to the technologies disclosed in the patent applications described in the Application Form.

 (b) Submitting a “Written Statement” indicating that the applicant is requesting the Examination Aligned with Standardization Strategy.
 The JPO will then notify the applicant of the month in which the examination is scheduled to commence (“scheduled examination commencement month”).

(3) Claim Amendments
Where appropriate, applicants may amend the claims, preferably before the interview, so that the scope of the claims more closely corresponds to the content of the relevant standard.

(4) Interview
As a general rule, an interview will be conducted for all patent applications accepted into the Examination Aligned with Standardization Strategy program approximately one month before the scheduled examination commencement month. During the interview, the applicant may be requested to explain, among other things, the role of the relevant technology within their standards strategy and the relationship between the standard and the patent application.

(5) Fees
No official fees are required for the Examination Aligned with Standardization Strategy.

3. Flexible Timing Adjustments
As a general rule, examination will commence in the month scheduled by the JPO, taking into account the applicant’s chosen timing indicated in the Application Form (provided that such timing falls between 12 and 24 months after the filing of the request for examination).

Even after the JPO has notified the scheduled examination commencement month, the applicant may still alter the timing of the examination by:

 (a) withdrawing the patent application from the Examination Aligned with Standardization Strategy program; or
 (b) requesting a change to the scheduled examination commencement month, provided that the revised timing remains between 12 and 24 months after the filing of the request for examination.

– Note on Confidentiality
The Application Form and the Supporting Documentation referred to in Section 2(2)(a) above may contain business-related information. Accordingly, these documents will not be included in the electronic prosecution record (e.g., as attachments to interview records or similar file materials) and will not be made available to third parties through file inspection, J-PlatPat access, or similar means.

Given the nature of the information contained in these documents, the applicants should take appropriate measures to protect it, including encrypting emails and attachments when transmitting application materials to the JPO.

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