Patent protection in India is governed by the Patents Act, 1970, which has undergone several amendments to align with international standards, most notably the TRIPS Agreement. The Indian patent system is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). A patent in India grants an inventor the exclusive right to prevent others from making, using, selling, or distributing the patented invention without permission for a period of 20 years from the filing date of the patent application.

Overview

In India, patent holders are required to submit a Statement of Working (Form 27) to demonstrate that the patented invention is being worked in India on a commercial scale. This requirement underscores the Indian patent regime’s emphasis on ensuring that patents contribute to the country’s industrial and economic development.

Importance of filing Statement of Working of Patents in India

The Statement of Working is crucial for several reasons:

Encourages Industrial Use: Ensures that patented inventions are not merely held for strategic reasons but are actively contributing to industry.

Prevents Abuse of Monopoly: Helps in identifying patents that are not being utilized and may be subject to compulsory licensing.

Informs Policy: Provides the government with data on how patents are being used, which can inform policy decisions and patent law amendments.


Timeline and Requirements for filing Statement of Working of Patents in India

Frequency: The Statement of Working must be filed every three years on or before September 30 excluding the year in which the patent is granted.

Form: The specific form used is Form 27.

Submission: Can be filed online through the Indian Patent Office website or in physical form at the respective patent office.


Information to be Included in the Statement of Working of Patents in India

Form 27 requires the following details:

  1. Patent Number: The unique identifier of the granted patent.
  2. Title of the Invention: A brief description of what the patent covers.
  3. Name of the Patentee(s): Details of the individual(s) or entity(ies) that hold the patent rights.
  4. Working Status:

– Worked: If the patent has been worked, then the approximate revenue/value accrued in India to the patentee(s)/ licensee furnishing the statement from patent number(s) where the working is through manufacturing in India or/and importing into India along with a brief statement to that effect.

– Not Worked: If the patent has not been worked, reasons for non-working must be stated along with steps being taken to initiate working.


Compliance and Consequences in respect of filing the Statement of Working of Patents in India

Non-compliance with the Statement of Working requirements can lead to penalties, including:

Compulsory Licensing: Patents not being worked may be subject to compulsory licensing, where the government permits third parties to use the patent without the patentee’s consent.

Fines: Fines may be imposed for failure to file Form 27 or for providing inaccurate information False declarations could attract imprisonment with or without fine.

Patent protection in India is designed not only to incentivize innovation but also to ensure that such innovations contribute to the nation’s industrial and economic landscape. The annual Statement of Working is a critical component of this framework, mandating patentees to demonstrate the practical application of their inventions. By fulfilling this requirement, patentees help foster a more vibrant and utilitarian patent ecosystem in India, ensuring that patents serve their intended purpose of advancing technological progress and public welfare.