Traditionally, Japan and India have always stood alongside each other strongly and have supported each other. The symbiotic relationship between the two countries further progressed in a summit meeting of October 2018, when Prime Minister Abe San expressed his intention to move ahead with promoting start-ups and exchanges of IT personnel under the Japan-India Digital Partnership, and promoting investment through the Patent Prosecution Highway (PPH).
The Patent Prosecution Highway (hereinafter referred to as ‘PPH’) is a framework where an application whose claims have been determined as patentable in the Office of First Filing (hereinafter referred to as ‘OFF’) is eligible to go through an expedited examination in the Office of Second Filing (hereinafter referred to as ‘OSF’) with a simpler procedure upon the request of the applicant.
On November 20, 2019 the Union Cabinet chaired by the Hon’ble Prime Minister Shri Narendra Modi approved the Patent Prosecution Highway (PPH) programme by the Indian Patent Office (hereinafter referred to as ‘IPO’) under the Controller General of Patents, Designs & Trade Marks, India (hereinafter referred to as ‘CGPDTM’) with patent offices of various other interest countries or regions. The PPH has commenced initially between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) for an initial period of 3 years and for 100 applications in one year. The programme will allow the IPO to receive patent applications only in the fields of Electrical, Electronics, Computer Sciences, Information Technology, Physics, Civil, Mechanical, Textiles, Automobiles, Metallurgy. However, the JPO may receive applications in all fields of technology. In pursuance of the same, the IPO released the Procedure Guidelines for Patent Prosecution Highway and the request for the expedited examination under PPH from on December 05, 2019. Almost 100 applications have already been filed and, in some cases, even confirmation have been received from the IPO for expedited examination of such applications.
A significant growth has been witnessed in number of patent applications received by the Patent Offices across the world. One of the major catalysts in this growth is globalization in sectors like commerce, technology, education, artificial intelligence, pharma etc. Same patents being filed in multiple countries has forced patent offices to come together and work in cooperation with each other. Large number of pending patents and a bid to increasing productivity has encouraged Patent offices to work together by opting for the avenue of PPH.
PPH helps in speeding up the process of examination for corresponding applications in the IP offices involved. As per the PPH programme, the participating patent offices agree that when claims in an application is allowed by the first patent office, the applicant can request for speedy examination of corresponding claims in an application that is pending in the second patent office. PPH helps in reaching the final disposition of a patent application more speedily and efficiently than the normal procedure.
In the past few years, the endeavour of the two countries to strengthen its economic ties have risen. This can be seen by the efforts towards magnifying the scope of IPR and using its true potential. The 2015 Memorandum of Cooperation between the Department of Industrial Policy and Promotion and the Japan Patent Office, the 2017 enhanced new Action Plan between the Japan Patent Office and the Office of Controller General of Patents, Designs & Trade Marks (CGPDTM) of India are testimony of the same.
Not just this, Japan’s contribution in the IP arena in India can also be seen in the latest IPR Annual Report of India.
Patents: Japan is amongst the top 5 PCT National Phase Applications filing Countries. It is the second largest filer with 3,537 after USA (8,619). Also, two big Japanese Companies, Mitsubishi Electric Corporation & Honda Motor Co., Ltd. were included in the list of top 10 foreign resident applicants during 2017-18. An upward trend of patent filings, in past 5 year, from Japan and to Japan can be seen from the chart below:
Additionally, Japan is also amongst the top 5 International Trademark Fillers in India. As per the annual IP report of 2017-18, out of the total applications, United States of America filed 3779, China 1794, United Kingdom 613 and Japan 608. Further, in the sector of registered designs applications originating from abroad, Japan was again ranked no. 3 with 433 applications and SMC Corporation (70), Honda Motor Co. Ltd (50) and Mitsubishi Electric Corporation (41) were the top applicants during 2017-18.
Japan is now looking at India as a favourable destination for investments. Its planning to expand its footprint in the country.
Further, as per a report titled ‘An Overview of India-Japan Bilateral Relations Initiatives and Opportunities Ahead’8 by FICCI mentions Automobile Industry, Drugs & Pharmaceuticals, Services Sector (Fin., Banking, Insurance, Non- Fin/Business, Outsourcing, R&D, Courier, Tech. Testing and Analysis), Metallurgical Industries & Telecommunications, as the top five sectors attracting FDI equity inflows from Japan. Also, the IP annual report 2017-18 mentions the following sectors in which majority of Patent application filings: Chemical, Pharmaceutical, Electrical, Mechanical, Biotechnology, Food, Computer /Electronics General Engineering. And the following sectors in which majority of Patents are granted: Bio medical, Biochemistry, Communications, Physics, Civil, Textile, Metallurgy, Agricultural Engineering etc. It can be seen that the list is somewhere supporting each other. And all of these industries keep innovating, consequently, in need of patent protection. This is where PPH is going to be a strength.
It is a fact that all the developed nations around the globe have one common factor in them i.e. ‘A Robust IP Regime’, as in today’s technologically driven world PRs, are the driving fuel for an economy. India is at a place where it is ready to take the big leap from being a knowledge-based economy towards becoming a global player and India’s collaboration with Japan in the IP regime can play a very important role in this leap. The PPH pilot programme would act as a catalyst in improving the economic ties by focusing on synergizing both the country’s statistic profit, capital and innovation to understand the genuine capability of Indo-Japan’s partnership. PPH would help in getting faster grant of patents thereby resulting in more inbound investments by companies and also introduction of newer technologies thereby giving fillip to make in India and increasing employment opportunities. Apart from this, the process of fast-track examination under the PPH programme would also prove to be beneficial for start-ups, as considering the simpler process they would now be encouraged to file patents applications.
Policy and law makers are consistently making efforts to make Indian laws and regulations more conducive and promising for IP growth and protection, thereby ensuring a viable platform for foreign investment and business. Success of the pilot PPH programme would open doors for such similar bilateral arrangements with other Patent Offices, thereby further encouraging India’s image as an IP savvy country around the globe.
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