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Need of patent prosecution highway in India: challenges and opportunities

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 permanent.
  • 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 time basis
  • 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.

Conclusion
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.

References:
  • https://www.nhm.gov.in/images/pdf/programmes/maternal-health/guidelines/Guidance_Note_on_Prevention_&_Management_of_Postpartum_Haemorrhage.pdf
  • http://www.ipindia.nic.in/newsdetail.htm?593#:~:text=A%20Bilateral%20Patent%20Prosecution%20Highway,Japan%20Patent%20Office%20(JPO).&text=An%20applicant%20who%20has%20filed,requests%20to%20IPO%20per%20year
  • https://en.wikipedia.org/wiki/Washington_Naval_Treaty

Written By: Anirudh gupta

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