Accelerated processing (AKS) means you receive a faster response from us than other wise expected. It usually takes 5-7 months from the date you file an application until you receive an initial opinion from us on whether the application can be patented or not. With AKS you receive a response within 4 months.
Anyone who files a first application to NIPO. The scheme applies both to applications filed via a patent attorney and to private applicants.
Only applications without priority (first applications) can be processed under AKS. A first application is the initial application you file for an invention. If you have previously filed an application for the same invention in another country, you cannot request accelerated processing with NIPO.
Applications that contain multiple independent inventions cannot be processed under AKS either. If we discover during the examination that the application covers multiple inventions, it will be processed within the standard timeframe.
There is no extra charge when requesting accelerated processing.
When using AKS you will receive an initial assessment of the application within approx. 4 months. If you respond quickly to our first assessment, you may possibly receive two assessments from us before the priority deadline expires, which is one year from the date you filed the application. With two assessments from us, you have a good basis for considering whether you should apply for a patent in other countries.
By using AKS, it is also possible for the patent application to be processed and approved within approx. 12 months. This presupposes that you follow up the application, that the application is not too complicated, that it does not require more assessments from us, and that you request early publication of the application.
To have your application assessed within 4 months, you must tick the box for accelerated processing in the application form.
A request for accelerated processing submitted after the application has been filed will, as a general rule, not be accepted.
If you receive feedback from NIPO that the application contains formal deficiencies, you must correct these within the 1 month deadline. These defects are, for instance, a missing address or payment.
If your application does not satisfy the conditions for AKS, for example if the application contains several independent inventions or you do not correct formal deficiencies within the deadline, the application will be processed according to the usual procedure, which takes 5-7 months.
You will be notified in writing by us if the application cannot be processed with accelerated case processing.
It is still possible to request an expedited examination of the patent application under certain conditions. In this case, you must give us a reason for your request.
There may be several good reasons for requesting a faster processing of a patent application, such as:
Not all applicants are interested in a fast assessment of their application. For some, it may be more important to have time to develop the invention. In such cases it may be enough to obtain an initial assessment within the priority year, as a basis for evaluating whether to apply for a patent in other countries.
NIPO considers, in line with many other patent authorities, that an examination process completed within 4 months will be satisfactory and of almost the same quality as an examination carried out within 7 months.
However, please note that there may be cases where relevant prior art that could have been discovered after 7 months is not identified within 4 from the filing date of the application. It is therefore important that you carefully weigh the need for faster processing against this potential risk.