The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of annually. This adjustment is a welcome relief for many patent holders who previously had to submit detailed reports on the working of their patents every year.
Key Changes in Form 27 Filing Requirements:
- New Filing Schedule: Under the new rules, Form 27 will now be required every three years, excluding the year in which the patent was granted. This change aims to simplify compliance and reduce the administrative burden on patent owners.
- No Filing Required in 2024: For patents granted before March 15, 2024, the deadline to file Form 27 is now set for September 30, 2026. For patents granted on or after March 15, 2024, the first Form 27 will be due on September 30, 2027. Therefore, there is no need to file Form 27 in 2024.
What This Means for Patent Holders:
This amendment provides significant relief to patent holders by extending the interval for filing Form 27, allowing for a less frequent and more streamlined reporting process. This change addresses many concerns raised by stakeholders and aligns with the feedback received from the patent community.
Addressing Your Questions:
Following the implementation of these new rules, the Indian Patent Office has released a comprehensive FAQ document to address common questions and concerns. This guide is an essential resource for understanding the updated requirements and ensuring compliance with the new filing schedule.
In Summary:
– Patents Granted Before March 15, 2024: Form 27 is due by September 30, 2026.
– Patents Granted After March 15, 2024: Form 27 is due by September 30, 2027.
– No Form 27 Filing Required in 2024.
For more detailed information, you can review the FAQ document published by the Indian Patent Office.
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
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