India-Japan proceed to launch Patent Prosecution Highway pilot programme by Q1 2019

New Delhi, February 18: The Government of India aligned by the Department of Industrial Policy and Promotion (DIPP) that deals with intellectual property matters, has signed an agreement with the Japanese Patent Office (JPO) to start a Patent Prosecution Highway (PPH) as a pilot programme, set to initiate in the first quarter of 2019. The PPH is to allow a patent applicant to demand fast-tracking of his patent application, further showing that his product or process has already been granted a patent in Japan.

 

Furthermore, the Japan Patent Office (JPO) has agreed to extend the existing PPH pilot with the National Intellectual Property Administration of China (CNIPA) for five more years, until November 1, 2023. The pilot between the JPO and CNIPA was launched back in 2011 and was further extended twice in 2013 and 2015. Under the agreement, it is also possible to use international work products performed by CNIPA or JPO for PCT applications.

The prolongation of the agreements implemented by the patent offices demonstrates the increasing demand for the PPH among applicants. Being one of the most active participants, Japan promotes cooperation under the programme and is currently involved in a total of 43 programs.

“At the Japan-India Summit Meeting on 29th of October, 2018, the leaders of the two countries concurred to start a bilateral PPH program on a pilot basis in certain identified fields of inventions in the first quarter of fiscal year 2019. Under the program, Japanese companies can request expedited examinations in India through simplified procedures, based on their applications whose claims have been determined to be patentable in Japan”, said the statement in relation.

“Going forward, the Japan Patent Office (JPO) continues supporting Japanese companies to promptly acquire patents overseas, by expanding the PPH network, as well as standardizing and simplifying the procedures at IP offices worldwide”, it added further.

If the proposed PPH pilot with JPO works well, there’s bound to be a rush from the patent offices of the US and the European Union. The Patent Prosecution Highway (PPH) is a assemblage of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices. It also permits each participating patent office to benefit from the work previously done by the other patent office, with the goal of reducing examination workload and improving patent quality.