The number of patent applications in the world is increasing along with the
globalization moreover the number of patent applications filled in different
countries are increasing at an alarming rate therefore duplication of work is
increasing amongst the patent offices. In order to get rid of the problem the
concept of Patent Prosecution Highway is being introduced. PPH is a set of
initiatives for providing accelerated patent prosecution procedures by sharing
information between some patent offices.
Earlier before the commencement of the
concept of PPH, the legal action to be taken against the person who is copying
the original work of an individual or a company keep on delaying but after the
introduction of the concept the process of taking legal action do gets
accelerated as because the patent office of India or any other country do shares
the information which would help in the process of identifying that who filled
the patent application first.
Some PPH highway programs
Firstly the Patent Prosecution highway was introduced on 24rth may, 2006
involving United state (US) and Japanese Patent offices.
Further evolution of PPH Resulting in more highways
- September 2007, United states and United Kingdom Patent Prosecution
Highway launched initially as on pilot basis (trial basis) and later was made
- January 3. 2008, United states and Japan Patent prosecution highway was
introduced but the trial of the same got ended.
- January 28,2008, PPH was introduced between US and South Korea on full
- September 29, 2008, US and European Patent office, PPH was introduced
as on pilot basis (trial basis)
- November 3, 2008, United states and Denmark PPH launched as pilot.
India and the Intellectual property rights
India is leading many countries in terms of intellectual property recognition
and protection. India is the member of World trade organization (WTO) and
committed to the agreement of the trade related aspects of intellectual property
that is TRIPS agreement moreover India is also a member of World intellectual
property organization (WIPO) besides this India is also a member of following
international treaties an conventions such as the Paris convention for the
protection of industrial property, Budapest treaty on the international
recognition of the Deposit of Micro-organisms for the purposes of Patent
Procedure, Berne convention for the protection of literary and artistic
work, Madrid treaty for international registration of marks, etc
India Japan Patent Prosecution Highway Program
The Union cabinet, India has cleared the proposal for adoption of patent
prosecution highway (PPH), the program would be lead by the Indian patent
office(IPO) with patent officers of various other countries or regions, under
the super-vision of Controller general of patents, Designs and Trademarks
India (CGPDTM). The program will initially commence between Japan patent office (JPO)
and Indian patent office(IPO) on pilot basis (trial basis) for the period of
three years only.
Benefits of the program:
- Reduction in time to dispose patent applications.
- Reduction in pendency of patent applications.
- Improvement in quality of search and examination of patent applications.
- An opportunity for Indian inventors including MSMEs and Start ups of
India to get an accelerated examination of their patent applications in Japan.
The most crucial aspects in the process of grant of patents is the cross
examination of the innovation or the idea. The PPH program do beats the time and
effort applied in the process of examination moreover PPH do offers the
reduction of cost to the applicants too. As it is said that every coin has two
sides therefore the PPH program which is being introduced in India should be
made permanent only after the implementation of all the policies and rules.
Written By: Anirudh gupta