Striding towards a better system

The Indian Patent Office has undergone tremendous change in the last five years with digitisation of record and streamlining its procedures. As an example, a new patent application can be filed electronically and all steps during the prosecution can be taken through the patent office portal.

Further, India has agreed a Patent Prosecution Highway (PPH) with the Japan Patent Office, on a pilot basis, to expedite grant of patents. This article outlines important changes at the Indian Patent Office and court decisions in the patents domain that have helped to build a robust IP framework.

Patent Prosecution Highway

Under this programme, the Japan Patent Office can receive applications in all technical fields and the Indian Patent Office has started to receive patent applications in certain specified technical fields only, which includes electrical, electronics, computer science, information technology, physics, civil, mechanical, textiles, automobiles and metallurgy.

For now, pharma and chemical-related patent applications have been kept away from the PPH route, thus maintaining a balance to address public health safeguards. The programme will help to expedite examination and grant of patents, as the Indian Patent Office can rely upon search and examination already conducted by the Japan Patent Office.

However, critics of the system argue that the patentability criteria will be diluted, ignoring safeguards contained in the Indian Patents Act of 1970.

Faster grant of patent applications

The long-awaited demand of applicants for faster prosecution of patent applications has now been addressed by the Indian Patent Office.

A few of the steps taken are: