Executive Summary
Various changes were made to the requirements and applicable subjects for prioritized examination of patents and utility models in 2025.
In a detailed review of the revisions, the requirement for applicants to conduct their own prior art search, previously a significant burden when applying for prioritized examination of patents and utility models, has been removed. The application form has also been revised to allow applicants to include prior art information if they wish, rather than as a mandatory requirement.
In addition, documentation requirements for the most commonly requested type of prioritized examination, which is prioritized examination based on the applicant’s own use in commerce, have been eased. Previously, applicants were required to submit a business registration certificate or similar documents to prove that the invention was being implemented in commerce or being prepared for implementation in commerce. Under the revised rules, a technology transfer agreement can serve as proof of implementation or preparation for use in commerce, thus making it easier for applicants to utilize the prioritized examination system.
The scope of prioritized examination, which was previously limited to technologies related to the reduction of greenhouse gases, specifically CO₂ capture, transportation, and storage, has now been significantly expanded. For example, the class of inventions related to reducing greenhouse gases has been expanded to include a wider range of carbon-neutral green technologies, such as next-generation nuclear power and renewable energy technologies. Also, areas related to national strategic technologies have been added, including hydrogen and ammonia, next-generation nuclear energy, and advanced mobility. In addition, technologies for renewable energy production such as solar, wind, hydro, ocean, geothermal, and hydrothermal energy have also been included. As a result, it is now possible to secure patent rights more quickly for technologies in these fields.
This amended regulation took effect on February 19, 2025, and applies to prioritized examination requests submitted on or after the effective date.