3rd Year of PPH programme between India and Japan- Starting December 20, 2021

December 15, 2021
Patent Prosecution Highway Programme

By Lucy Rana and Renu Bala

The IPO will again start accepting PPH applications from 20 December, 2021

Bilateral relations between India and Japan have been very strong over the last few years, and the same is constantly improving in all dimensions with the passage of time, ranging from trade to strategic partners in defense, and also, in the field of intellectual property rights.

On November 2019, the Union Cabinet had approved the proposal for adoption of Patent Prosecution Highway (PPH) programme by the Indian Patent Office under the Controller General of Patents, Designs & Trade Marks, India (CGPDTM) in collaboration with Patent offices of various other countries and regions, the details and benefits of the programme can be viewed [1]. Guidelines for Patent Prosecution Highway were issued for addressing the procedures to be followed by Applicants, the overview of the guidelines can be viewed [2].

India’s first Patent Prosecution Highway Pilot Program commenced on November 21, 2019 between the Japan Patent Office (hereinafter referred to as ‘JPO’) and the IPO for an initial period of three years.

The second year of the pilot program again commenced from March 09, 2020, and the number of requests were limited to 44, the details of the notification can be viewed [3].

Recent Update – Continuation of PPH between India and Japan

As per a recent notification on the official website of Indian Patent Office (IPO), the IPO will start accepting Form 5-1 under Chapter 5 of the PPH Guidelines for the third year of the pilot program with effect from December 20, 2021. The number of requests will be limited to 100 per year and will be on first come first serve basis. Further, there is a limitation of 10 PPH requests to IPO per year per applicant, who filed patent application either alone or jointly with any other applicant.

Further, the request for assigning special status for expedited examination under the PPH is required to be filed online in the prescribed Form 5-1. The applicant/ authorized agent can file the request for expedited examination in Form 18A only after the request is accepted by IPO for assigning special status. The decision on Acceptance/Rejection/Defect noticed will be communicated to the Applicant/Authorized agent through email as well as message on e-filing portal.

In case of defects in Form 5-1, the applicant will be provided an opportunity to rectify the defects within 30 days from the issue of notification of defects by IPO.

Additionally, the Procedure Guidelines to file a PPH request under the Patent Prosecution Highway Pilot Program between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) .

[1] https://ssrana.in/articles/india-patent-prosecution-highway-gets-cabinets-approval/

[2] https://ssrana.in/articles/india-an-overview-of-procedure-guidelines-for-patent-prosecution-highway/

[3] https://ssrana.in/articles/pph-india-latest-news-accepts-new-requests-march-9-2020/

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