May [Legal] Newsletter

Update to the "Overview of the Design Examination and Examination System"

In March 2026, the Japan Patent Office's website updated its "Overview of the Design Accelerated Examination and Accelerated Trial System." While we previously covered this system in our newsletter, that only covered accelerated examination. This time, taking advantage of the updated Japan Patent Office website, we have concisely presented information on both accelerated examination and accelerated trial.

The accelerated design examination and trial system is a system designed to speed up the process of obtaining design rights and can be used at both the "examination" stage and the subsequent "trial" stage. By utilizing this system, it is expected that rights can be obtained quickly, giving an advantage in countermeasures against counterfeit products.

1. Applicable applications
You can apply without a fee if you meet any of the following conditions.

① Application requiring urgency
- If a third party is using (or preparing to use) the design without permission.
- If you have received a warning from a third party
- When a third party requests permission to implement the software, etc.

② Applications related to implementation by startups, etc.
The applicant is a startup company that meets certain requirements, such as being established within the last 10 years, and the company is either already using the design in the application or has made considerable progress in preparing to use it.

③ Foreign-related applications
This applies if the same design has also been filed with a patent office in another country.

2. [Expedited Review System] Speeding up the initial review process.
This system allows for faster initial examination by a patent examiner at the Japan Patent Office after a design registration application has been filed.

・Objective
To shorten the time from filing an application to receiving the first examination result (registration decision or notice of reasons for rejection).

・Documents to be submitted
A "Statement of Circumstances Regarding Expedited Examination" was submitted to the Japan Patent Office.

・Submission time
From the date of the design registration application

3. [Expedited Review System] Speeding up the review of appeals.
This system allows for a quicker review (hearing) of a decision, such as a "rejection decision," if the applicant is dissatisfied with the result of the review.

・Objective
This aims to shorten the period from filing an appeal against a rejection decision to issuing a final decision (trial ruling).

・Documents to be submitted
A "Statement of Circumstances Regarding Expedited Hearing" was submitted to the Japan Patent Office.

・Submission time
After the date of filing the appeal against the rejection decision

4 Precautions

・Designs not covered
① Design of buildings, interiors, and images
(Exception) Designs relating to images are included in the scope of accelerated examination/expedited review if they are applications related to implementation by a startup.
② Multiple design patent applications filed at once (in expedited examination)
While a single application for multiple designs is not eligible, it is possible to request expedited examination for design registration applications filed for each individual design.

・A separate application is required.
If your application is rejected after using the expedited review system, and you wish to expedite the subsequent proceedings, you will need to reapply for the expedited review system. It is important to note that this system is not automatically applied.

Regarding the time required for trademark examination in recent years (from the "Japan Patent Office Status Report")

In March 2026, the Japan Patent Office (JPO) published the "JPO Status Report 2026" on its website. Based on this report and past reports, this article explains the recent trends in the time required for trademark examination.

◆Recent trends in review periods
The period from trademark application to notification of the first examination result by the examiner (mainly a registration decision or a notice of reasons for refusal) progresses as follows:

• Standard review process: Tendency to be prolonged
The review period has shown a tendency to lengthen again since fiscal year 2022.

• FY2024: 6.8 months
• FY2023: 6.1 months
• FY2022: 5.4 months
• FY2021: 8.0 months
• FY2020: 10.0 months

• Expedited review: Maintaining a consistently short review period.
On the other hand, applications that qualify for expedited examination are consistently reviewed within a short timeframe.

• FY2024: 1.9 months
• FY2023: 1.8 months
• FY2022: 1.8 months
• FY2021: 1.9 months
• FY2020: 2.1 months

Thus, even as the normal review period fluctuates and becomes longer, using the expedited review service allows you to obtain the initial results within a predictable period of approximately two months.

◆ The importance of expedited review
Expedited examination is available for cases that meet certain requirements, such as the fact that the applied-for trademark is already being used (or preparations for use are well underway) for at least some of the designated goods and services, and that there is an urgent need for obtaining the rights.

Given the current trend of increasingly lengthy examination periods, utilizing the "expedited examination system," which reliably provides examination results in a shorter timeframe, is becoming increasingly important for rapid patenting. To ensure the smooth progress of your business plan, it is advisable to consider whether your trademark application is eligible for expedited examination.

Ministry of Justice establishes "Study Group on the Nature of Civil Liability for Unauthorized Use of Portraits, Voices, etc."

In response to the serious social problem of unauthorized use of portraits, voices, etc., due to the spread of generative AI (artificial intelligence), Minister of Justice Hiroshi Hiraguchi announced at a press conference after the cabinet meeting on April 17 that a study group would be established to clarify the cases in which claims for damages for infringement of portrait rights, etc., will be recognized.

Publicity rights and portrait rights are not explicitly defined in law; they have been established through judicial precedents. Currently, there is little accumulated case law regarding infringement of these rights by generative AI, which has rapidly spread in recent years, and there are no clear guidelines.

The Japanese government's response to generative AI to date includes the "Guidelines on AI and Copyright" compiled and published by the Agency for Cultural Affairs, and the "AI Business Guidelines" created and published by the Ministry of Internal Affairs and Communications and the Ministry of Economy, Trade and Industry.

The study group will include experts familiar with fields such as intellectual property law and civil law, as well as lawyers who are involved in practical work, and will examine whether or not rights have been infringed for each case example provided by the Ministry of Justice.

The first meeting was held on April 24th, and five more meetings are planned by July.

<Reference URL>
Ministry of Justice website: Summary of the Minister of Justice's press conference after the Cabinet meeting, April 17, 2026
https://www.moj.go.jp/hisho/kouhou/hisho08_00713.html
Agency for Cultural Affairs website: Thoughts on AI and copyright
https://www.bunka.go.jp/seisaku/bunkashingikai/chosakuken/pdf/94037901_01.pdf
Ministry of Economy, Trade and Industry website: Guidelines for AI Businesses
https://www.meti.go.jp/shingikai/mono_info_service/ai_shakai_jisso/20240419_report.html

Newsletter translated into English

Update to the “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications”

In March 2026, the “Outline of Accelerated Examination/Accelerated Appeal Examination System for Design Applications” on the Japan Patent Office's website was updated. Although an article regarding this system was previously featured in our firm's newsletter, said article only covered accelerated examination. Therefore, taking the opportunity of the JPO website update, we have compiled a concise overview of both accelerated examination and accelerated appeal examination.

The Accelerated Examination/Accelerated Appeal Examination System for Design Applications is a system for expediting the acquisition of design rights, and can be used at both the “examination” stage and the subsequent “appeal examination” stage. By utilizing this system, it is expected that applicants will be able to promptly obtain rights and gain an advantage in taking measures against counterfeit products.

1. Eligible Design Applications
Accelerated examination can be requested free of charge in the case of applications that fall under any of the following categories.

(1) Applications Requiring Urgency
・A third party is working (or preparing to work) the design without authorization.
・The applicant has received a warning from a third party.
・The applicant has received a request from a third party for a license to work the design, etc.

(2) Working-Related Applications by Startups, etc.
Applications for which the applicant is a startup company that meets certain requirements, such as being established within the last 10 years, and is either working the design of the application or has made considerable preparations to work it.

(3) Foreign-Related Applications
Cases where an application for the same design has also been filed with a foreign patent office.

2. [Accelerated Examination System] Speeding up the First Examination
This is a system for expediting the first examination by a JPO examiner of design application after filing.

・Purpose:
To shorten the period from the filing of the application to the issuance of the first examination result (Decision to Grant a Design Registration or Office Action).

・Documents to Submit:
A “Statement of Circumstances Concerning Accelerated Examination” must be submitted to the JPO.

・Timing of Submission:
On or after the filing date of the design application.

3. [Accelerated Appeal Examination System] Speeding up the Examination of an Appeal against Refusal
This is a system for expediting re-examination (Appeal Examination) when an applicant is dissatisfied with the examination result of a “Decision of Refusal.”

・Purpose:
To shorten the period from the filing of a request for an appeal against a Decision of Refusal to the final conclusion (Appeal Decision). 

・Documents to Submit:
A “Statement of Circumstances Concerning Accelerated Appeal Examination” must be submitted to the JPO.

・Timing of Submission:
On or after the filing date of the request for an appeal against a Decision of Refusal.

4. Important Notes

・Ineligible Designs:
(1) Designs for buildings, interiors, and graphic images.
((Exception) Designs for graphic images are eligible for accelerated examination/appeal examination if they are part of a working-related application by a startup.
(2) A single application covering multiple designs (in the case of accelerated examination).
While single applications covering multiple designs are ineligible, a request for accelerated examination can be filed for individual design applications that have been separated from such an application.

・Separate Request Required:
If an application that used the accelerated examination system receives a “Decision of Refusal” and the applicant also wants the subsequent appeal to be expedited, a new request for the accelerated appeal examination system must be filed. It is important to note that this is not applied automatically.

Length of Trademark Examinations in Recent Years (from the “JPO Status Report”)

In March 2026, the “JPO Status Report 2026” was published on the Japan Patent Office's website. Based on this and past reports, this article explains recent trends in the length of trademark examinations.

◆ Trends in Examination Periods in Recent Years
The following trends can be seen regarding the period from the filing of a trademark application until the first examination result (in most cases, a Decision to Grant a Trademark Registration or an Office Action) is issued by an examiner.

・Standard Examination: A Trend of Lengthening
The examination period has shown a trend of becoming longer again since 2022.

• 2024: 6.8 months
• 2023: 6.1 months
• 2022: 5.4 months
• 2021: 8.0 months
• 2020: 10.0 months

・Accelerated Examination: Consistently Maintaining a Short Period
On the other hand, applications subject to accelerated examination have been consistently examined in a short period.

• 2024: 1.9 months
• 2023: 1.8 months
• 2022: 1.8 months
• 2021: 1.9 months
• 2020: 2.1 months

Thus, even as the standard examination period fluctuates and tends to lengthen, the use of accelerated examination makes it possible to obtain the first examination result within a predictable timeframe of about two months.

◆ The Importance of Accelerated Examination
Applications eligible for accelerated examination are those that meet requirements such as the applicant already using the applied-for trademark for at least some of the designated goods or services (or having made considerable preparations to use it), and there being an urgent need for the right to be granted.

Given the current trend of lengthening standard examination periods, the use of the Accelerated Examination System, which provides examination results in a consistently short period, is becoming increasingly important for the prompt acquisition of rights. To ensure the smooth progress of business plans, it is advisable for applicants to consider whether their trademark application is eligible for accelerated examination.

Ministry of Justice Establishes a “Study Group on the Nature of Civil Liability for Unauthorized Use of Likeness, Voice, etc.”

In response to cases of unauthorized use of likeness, voice, etc., becoming a serious social issue due to the spread of Generative AI, Minister of Justice Hiroshi Hiraguchi announced at a press conference after the cabinet meeting on April 17, 2026 that a study group would be established to clarify the cases in which claims for damages for infringement of portrait rights and other such rights are recognized.

Publicity rights and portrait rights do not have explicit provisions in the law and have been established by the judiciary through case law that recognizes these rights. Currently, there is a lack of accumulated case law and clear guidelines regarding rights infringements by Generative AI, which has rapidly become widespread in recent years.

The Japanese government's responses to Generative AI to date include the “Thoughts on AI and Copyright” compiled and published by the Agency for Cultural Affairs, and the “AI Operator Guidelines” created and published by the Ministry of Internal Affairs and Communications (MIC) and the Ministry of Economy, Trade and Industry (METI).

The study group will include experts knowledgeable in fields such as intellectual property law and civil law, as well as lawyers involved in practical work. They will examine whether rights have been infringed in each case presented by the Ministry of Justice.

The first meeting was held on April 24, 2026, and five meetings are scheduled to be held by July.

＜References＞
Ministry of Justice Website: Summary of the Minister of Justice's Press Conference, April 17, 2026
https://www.moj.go.jp/hisho/kouhou/hisho08_00713.html
Agency for Cultural Affairs Website: Thoughts on AI and Copyright
https://www.bunka.go.jp/seisaku/bunkashingikai/chosakuken/pdf/94037901_01.pdf
Ministry of Economy, Trade and Industry Website: AI Operator Guidelines
https://www.meti.go.jp/shingikai/mono_info_service/ai_shakai_jisso/20240419_report.html