"Our patent was already granted in China. Can Japan examine our application faster?" "Do we need to translate all the Chinese office actions into Japanese?" "Is the PPH better than Japan's accelerated examination?"
If another patent office has already found your claims patentable, the Patent Prosecution Highway (PPH) lets you ask the Japan Patent Office (JPO) to examine the corresponding Japanese application on a fast track. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains how the PPH works in Japan, what you need to file, how "sufficient correspondence" of claims is judged, and when Japan's own accelerated examination may be the better choice.
*Information as of November 2026. Check the latest requirements on the JPO website.
What you will learn
- How the PPH works, including PCT-PPH and PPH MOTTAINAI
- The Japan–China PPH and its current term
- Requirements and documents for a PPH request at the JPO
- What "sufficiently correspond" means for your claims
- PPH vs Japan's accelerated examination
Foreign applicants act through a Japanese patent attorney
An applicant with no domicile or business office in Japan cannot deal with the JPO directly. The examination request, the PPH request, claim amendments and responses to Office Actions must all be filed through a representative in Japan — in practice a licensed Japanese patent attorney (Benrishi). At BrandAgent, every case is handled personally by the patent attorney, and we communicate in English and Chinese. Payment can be made by PayPal (in JPY) or bank transfer.
What is the Patent Prosecution Highway?
The PPH is based on agreements between patent offices. When the office of earlier examination (OEE) has found one or more claims patentable, the applicant can ask the office of later examination (OLE) to examine the corresponding application quickly, using a simplified procedure. The JPO describes two aims: helping applicants obtain patents abroad faster, and letting offices reuse each other's search and examination results to reduce workload and improve quality.
The JPO's PPH page lists a large number of partner offices — the US, Europe, China and Korea, as well as offices in Asia, Europe and the Middle East, the Americas, Africa and Oceania. Besides the ordinary PPH based on national examination results, there are two variants:
- PCT-PPH: based on international-phase work products of a PCT application (written opinion of the ISA or IPEA, or the international preliminary examination report) that found claims patentable.
- PPH MOTTAINAI: allows a request based on the results of whichever office examined first, regardless of where the application was first filed.
The Japan–China PPH
The PPH pilot program between the JPO and the China National Intellectual Property Administration (CNIPA) started on 1 November 2011. It has been extended several times, most recently for five more years from 1 November 2023; the JPO's guidelines state that it ends on 31 October 2028 (it may be extended or terminated early). PCT-PPH based on CNIPA's international-phase work products is also available.
Many Chinese companies enter Japan by claiming Paris priority from a Chinese application or through the PCT, and CNIPA often issues its decision first. In that situation, a Japan–China PPH request is a natural option. The same logic applies to US, European or Korean results.
Requirements for a PPH request at the JPO
For a request based on CNIPA's national examination results, the JPO's guidelines set out these main requirements (the structure is similar for other partner offices):
Main requirements (PPH based on CNIPA results)
- Related applications: the Japanese application and the Chinese application share the same earliest date (priority date or filing date) — e.g. Paris priority, a common priority application, or national phases of the same PCT application.
- Patentable claims: the Chinese application has at least one claim determined to be patentable.
- Correspondence: all claims in the Japanese application sufficiently correspond to the claims found patentable in China.
- Examination status: a request for examination has been filed in Japan, and the JPO has not started examination when the PPH request is filed.
The last point is where applicants most often lose the opportunity. Once the JPO has started examination — for example, once a first Office Action has issued — a PPH request is generally no longer possible. Remember also that the examination request in Japan must be filed within 3 years of the filing date. When a Chinese grant is approaching, plan the Japanese examination request and the PPH request together.
What does "sufficiently correspond" mean?
According to the JPO's guidelines:
- Claims that differ only because of translation or claim format are regarded as sufficiently corresponding.
- A Japanese claim that is narrower than the patentable claim because it adds a feature supported by the description also corresponds.
- A claim in a new or different category (for example, a method claim when only apparatus claims were found patentable) does not correspond.
- You do not need to include every patentable claim; deleting some of them is allowed.
In practice, if the Japanese application contains broader claims than those allowed in China, you must first amend the Japanese claims (before or together with the PPH request). We prepare a claim correspondence table that lines up each Japanese claim with its Chinese counterpart and check them one by one.
Keep in mind that aligning with the Chinese claims means aiming for the same scope in Japan. If you want broader protection in Japan than you obtained in China, regular examination — or accelerated examination without the PPH — may be the better strategy.
Documents for a PPH request
A PPH request at the JPO is filed as a "Statement of circumstances concerning accelerated examination" with the following documents:
| Document | Notes |
|---|---|
| Copies and translations of all CNIPA office actions | Translations in Japanese or English; machine translation is accepted. Copies available through CNIPA's dossier access system can be omitted (the JPO may still ask for them). |
| Copies and translations of the claims found patentable | Same as above. |
| References cited by the CNIPA examiner | Patent documents can usually be omitted; non-patent literature must be submitted. |
| Claim correspondence table | Shows how every Japanese claim corresponds to the patentable claims. |
Documents already on file at the JPO can be omitted by referring to them. The JPO charges no fee for an accelerated examination request, and the PPH request is filed in that framework; the normal examination request fee still applies. Attorney fees depend on the amendments and the number of claims — ask us for a free quote.
PPH vs Japan's accelerated examination
Japan also has its own accelerated examination system. Eligible applications include those relating to products being worked, applications also filed abroad ("foreign-related applications"), applications by SMEs, individuals and universities, and green-technology applications.
| Item | PPH | Accelerated examination |
|---|---|---|
| Basis | Patentable claims at another office | Working, foreign filing, SME status, etc. |
| Claims | Must correspond to the patentable claims | No restriction |
| Prior art | References cited by the other office | Disclosure of prior art and comparison with the invention |
| JPO fee | None | None |
The JPO reports an average waiting time of 3 months or less from an accelerated examination request (its figure for 2017). As a rule of thumb: if another office has already allowed claims and that scope is enough for you, use the PPH. If no other office has decided yet, or you want a scope tailored to Japan, consider accelerated examination as a foreign-related application.
Common PPH mistakes
- Waiting until the JPO has already started examination.
- Leaving even one Japanese claim that was not found patentable abroad.
- Keeping claims in a different category (method, use, etc.).
- Assuming the PPH guarantees a Japanese patent — the JPO examiner still applies Japanese law and may cite new prior art.
FAQ
- Q. Is there a JPO fee for a PPH request?
A. No. The JPO does not charge for accelerated examination requests, including PPH requests. The normal examination request fee and attorney fees apply. - Q. Can we submit CNIPA office actions in Chinese?
A. A Japanese or English translation is required, and machine translation is accepted. Copies available in CNIPA's dossier access system can be omitted. - Q. Can we use the PPH after receiving a Japanese Office Action?
A. Generally not. Examination must not have started at the JPO when the request is filed. - Q. Can we use a PCT written opinion?
A. Yes, through the PCT-PPH, if the written opinion or IPER found claims patentable. An international search report alone is not enough. - Q. Can we communicate in English or Chinese?
A. Yes. Every case is handled personally by a licensed Japanese patent attorney, and we work in English and Chinese.
Key points
- The PPH lets you fast-track a Japanese application using claims found patentable by another office.
- The Japan–China PPH started on 1 November 2011 and currently runs until 31 October 2028; PCT-PPH is included.
- All Japanese claims must sufficiently correspond, and examination must not have started in Japan.
- Translations of office actions and claims can be in Japanese or English.
- Neither the PPH nor accelerated examination carries a JPO fee; choose based on the claim scope you need.
Related articles
- How Much Does a Japanese Patent Cost? Official JPO Fees for Foreign Applicants (2026)
- How to Get a Patent in Japan as a Foreign Applicant: Documents, Routes and Process
- Responding to a Japanese Patent Office Action on a Translated Application: Deadlines, Amendments and Mistranslation Correction
- Entering Japan via PCT National Phase: Deadline, Official Fees and What You Need (2026)
Want to speed up your Japanese patent examination?
Send us your Japanese application number and the allowed claims from China or another office — we will check whether the PPH or accelerated examination fits and reply with a quote, free of charge.
BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney