Patent examination procedures vary by jurisdiction, with the primary difference being whether a Request for Examination is required. While Korea, Japan, China, and Europe follow a request-based system, the United States automatically initiates examination upon filing.
1. Comparison of Patent Examination Systems
|
Country |
Examination System |
Separate Request? |
Deadline for Request |
|
S. Korea (MOIP) |
Substantive examination begins only after a formal request. |
Yes |
Within 3 years from filing |
|
Japan (JPO) |
Substantive examination begins only after a formal request. |
Yes |
Within 3 years from filing |
|
China (CNIPA) |
Required for Invention Patents; Utility Models undergo only formal review. |
Yes |
Within 3 years from filing |
|
Europe (EPO) |
Initiated after the applicant receives the Extended European Search Report (EESR). |
Yes |
Within 6 months of the search report publication |
|
USA (USPTO) |
Automatically enters the examination queue upon filing. |
No |
N/A |
2. Regional Specifics
Korea & Japan: Applicants can delay the examination to monitor market trends or business viability. If the request is not filed within 3 years, the application is deemed withdrawn.
China: While Invention Patents require a request, CNIPA processes Utility Models and Designs without a substantive examination to allow for faster registration.
Europe: The EPO provides a search report first. The applicant must then decide whether to proceed with the substantive examination based on the results.
USA: There is no separate "Request for Examination" step. The examination fee is included in the initial filing fees. For faster results, applicants often use the USPTO Track One prioritized examination program.
3. Accelerated Options: PPH
Regardless of the country, an applicant can utilize the Patent Prosecution Highway (PPH) to speed up the process. If the applicant’s patent is approved in one country, the applicant can request an expedited examination in others based on those results.