India approves PPH pilot program with Japanese Patent Office
December 02 2019

Indian government recently approved a PPH pilot program with the Japanese Patent Office (JPO). A PPH is an international cooperation instrument for streamlining patent prosecution, by considering favorable examinations issued by foreign counterparts.

PPH stands for Patent Prosecution Highway. In short, what this PPH bilateral agreement aims to do is for Indian companies to have a faster revision of their patents in Japan and vice versa. During this process, the patent offices of both countries will differ in which patent applications they receive. On one hand, the Indian Patent Office (IPO) will only receive applications related to specific technological fields. In this regard, only applications concerning electrical and electronic engineering, computer science, information technology, physics, civil engineering, mechanical engineering, textile, automobile, and metallurgical fields will be considered. The Japanese Patent Office (JPO), on the other hand, will receive any patent application regardless of their specific technological field.

The origin of this agreement comes from a year ago, in the India-Japan Summit in October of 2018. In this event, the Prime Ministers of India and Japan agreed to start a bilateral PPH pilot program in the first quarter of 2019. After deliberation, this pilot program will start accepting applications from the 5th of December of 2019, and it will last for a period of three years.

The implementation of this pilot program will be at the hands of the patent offices of each country, which will define their own guidelines, and address the procedures applicants must follow. In this first pilot, the number of requests will be limited to 100 cases per year per Office. Also, if the same applicant has various requests for the PPH, it will be limited to 10 applications per year under the pilot. If successful, this cooperation program between India and Japan may be extended into the future.

This bilateral agreement has strengthened the relations between India and Japan. Being the first PPH program approved by the Indian Government, the expectations are high. The IPO seeks a reduction in the patent prosecution backlog, a quality improvement on substantive examinations, and a significant incentive for Indian inventors to seek protection in Japan by means of an expedited examination process. It is also seen as an opportunity for Indian Micro, Small and Medium Enterprises and Start-ups, who could get an accelerated examination of their patent applications in Japan, a factor that will probably allow their expansion in this large market.

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