India’s patent examination backlog has been the standing complaint of every applicant for two decades. The Patent Prosecution Highway addresses it from an unexpected direction — by letting another office’s work count.
The agreement
The bilateral Patent Prosecution Highway (PPH) programme between the Indian Patent Office, under the CGPDTM, and the Japan Patent Office (JPO) provides for expeditious grant of patents. It commenced on a pilot basis for three years.
Japan is a leader in PPH arrangements, aiming to accelerate patent processing through the exchange and mutual use of work products. For India, this was its first such arrangement.
How it works
Where an application has been determined patentable by the Office of First Filing (OFF), the corresponding application undergoes accelerated examination at the Office of Second Filing (OSF), on a simple request from the applicant under the bilateral agreement.
In practice: on a request under the scheme, the CGPDTM examines such applications ahead of others. For applicants, that converts a wait measured in years into something considerably shorter — the substantive benefit in a jurisdiction where delays in examination are perennial and grants have historically been slow.
There is a further requirement worth noting. The JPO application on which the PPH request is based and the CGPDTM application must share the same earliest date — whether a priority date or a filing date. The procedure covers PCT national phase applications as well. That requirement keeps the applications properly aligned and preserves priority.
Why both sides gained
The benefit to Japanese applicants is accelerated examination in India, letting them develop business here on a predictable timeline rather than an indefinite one.
For India the gain is reciprocal and strategic: Indian applicants get accelerated treatment in Japan, and the arrangement strengthens the industrial and intellectual property relationship between the two countries. Patent applications filed in India had risen 5.3% year-on-year in 2017–18, indicating growing innovation and research — and a pipeline that benefits from a faster route abroad.
Since then
The pilot was extended beyond its initial three-year term, and the PPH route has become an established part of Indian patent practice. PPH eligibility is one of the recognised grounds for expedited examination under Rule 24C, alongside startups, small entities, female applicants and government undertakings.
Two practical points for anyone considering it:
- The PPH does not lower the substantive bar. Indian examination still applies Indian law — most consequentially Section 3(d) and the other exclusions under Section 3, which have no equivalent in Japanese practice. A claim found patentable in Japan may still face objections here that the PPH does nothing to answer.
- Check the current scope and any annual caps. PPH arrangements operate under office-set conditions, including limits on the number of requests accepted in a year.
The arrangement was a well-timed step, and its logic — using another office’s completed work rather than duplicating it — is the most efficient answer available to a backlog problem.
The takeaways
- India’s first PPH arrangement, with Japan, initially a three-year pilot.
- Accelerated examination follows a patentability finding at the office of first filing.
- Applications must share the same earliest date; PCT national phase included.
- Indian exclusions still apply — Section 3(d) is not bypassed by a PPH request.
Frequently asked questions
What is the Patent Prosecution Highway? An arrangement under which an application found patentable by one office receives accelerated examination at another, using the first office’s work product.
Which countries does India have a PPH with? The first bilateral arrangement was with Japan, launched as a pilot and since extended.
Does a PPH request guarantee a patent in India? No — examination still applies Indian law, including the Section 3 exclusions such as Section 3(d), which have no counterpart in other jurisdictions.
Can PCT national phase applications use the PPH? Yes, provided the applications share the same earliest date, whether a priority date or a filing date.