The relationship between India and Japan has been particularly strong in recent years. Accordingly, these two countries have participated in many bilateral agreements that are beneficial for the economy of both countries. Recently, on December 13, 2021, the Indian Patent Office has announced the commencement of the 3rd Year of PPH programme between India and Japan.
Bilateral Patent Prosecution Highway (PPH)
On 5th December 2019, the Bilateral Patent Prosecution Highway (PPH) pilot program commenced and took effect between the Indian Patent Office (IPO) and the Japan Patent Office (JPO).
Before and since this cooperation, the relationship between Japan and India has been improved dramatically in all aspects, ranging from trade to strategic partners in defense, etc., including in the field of intellectual property rights.
Not just with Japan, the Indian Patent Office under the Controller General of Patents, Designs & Trade Marks, India (CGPDTM) has established many collaborations with Patent offices of various other countries and regions in the world, creating a strong foundation for the development of IP.
India’s PPH programme will at first commence between the JPO and IPO for an initial period of 3 years. The Pilot programme will allow the Indian Patent Office to receive patent applications in some specified technical fields:
- Electrical
- Electronics
- Computer Sciences
- Information Technology
- Physics
- Civil
- Mechanical
- Textiles
- Automobiles
- Metallurgy
However, the JPO may receive applications in all fields of technology.
The Commerce and Industry Ministry of India has decided that the scope of the program may be extended in the future.
3rd Year of PPH programme between India and Japan
The 2nd year of the pilot program commenced on March 09, 2020, and the number of requests was limited to 44.
On December 13, 2021, the Indian Patent Office has announced the commencement of the 3rd Year of PPH programme between India and Japan.
According to the recent notification on the official website of the Indian Patent Office, the IPO will start accepting Form 5-1 under Chapter 5 of the PPH Guidelines for the third year of the pilot program.
The guidelines in this regard have been published on the website of the Controller General of Patents, Designs & Trade Marks.
According to the Guidelines, the number of requests will be limited to 100.
When submitting a request to IPO under the said PPH program, the applicant needs to take note of the following cautions:
- The number of requests for the PPH program between IPO and JPO will be limited to 100 cases per year on a first come first serve basis.
- An applicant can’t file more than 10 PPH requests to IPO per year in all circumstances.
- The proposal for assigning special status for expedited examination under the PPH is mandated to be filed online in prescribed forms 5-1 under chapter 5 of the PPH guidelines.
- Only after the request for assigning special status filed on the form prescribed in chapter 5 is accepted by IPO, then the applicant/Authorized agent can file the request for expedited examination on Form 18A.
- All decisions regarding the application (Acceptance/Rejection/Defect notice) will be sent to the applicant through email as well as messages on the efiling portal.
- In case of errors, defects in form 5-1, the applicant will be provided the opportunity to correct the mistakes within 30 days from the issue of notification of defects by IPO.
- Notwithstanding the above procedure, the timelines for filing a request for expedited examination shall be as prescribed under the Patents Rules, 2003, that is within 48 months from the priority date or in cases where Form 18 has been filed within 48 months from the priority date.
You can see a list of India IP firms and Japan IP firms here.