The annual “statement of working” (Form 27) was long a compliance headache. The Patents (Amendment) Rules, 2020 made it far simpler — one form for related patents, a longer window, and much less data. Here’s what changed.
Background
India requires patentees/licensees to file an annual statement of working of their patents. The Patents (Amendment) Rules, 2020 (in force 19 October 2020) simplified that requirement.
What changed
One form for related patents
A single Form 27 may now cover multiple related patents — provided the revenue/value can’t be calculated separately across them and they’re granted to the same patentee(s). (Each licensee still files individually.)
A longer filing window
The statement must be filed within 6 months from the end of each financial year — i.e. by 30 September (India’s financial year runs 1 April–31 March). And it’s not required for the financial year in which the patent is granted.
Much less data required
What’s now needed in Form 27:
- whether each patent is worked or not worked in India;
- if not worked — the reasons and the steps being taken to work it; and
- if worked — the approximate revenue/value accrued in India, split by manufacturing in India and importing into India (in INR), with brief comments.
What was deleted:
- the quantum and monetary value of patented products manufactured/imported;
- licences/sub-licences granted;
- whether the reasonable requirements of the public were met; and
- whether the invention was available at reasonably affordable prices.
PCT priority documents
The Rules also eased priority-document handling for PCT applications: the Patent Office accesses priority documents via the WIPO Digital Access Service (DAS). An English translation is needed only where prior-art references cited in the International Search Report fall between the earliest priority date and the international filing date — to be filed within 31 months of the earliest priority (or within 3 months of a Patent Office communication if missed).
Why it matters
With compliance now simpler, the Patent Office is likely to enforce the letter of the law — expecting patentees and licensees to file the working statement on time. Don’t treat the simplification as a reason to skip it.
The takeaways
- One Form 27 for related patents — where revenue can’t be separated (same patentee).
- File within 6 months of the FY end (by 30 September); not in the year of grant.
- Far less data required — worked/not worked, reasons, and approximate revenue (manufacture vs import).
- Expect stricter enforcement — simplification means fewer excuses for late filing.
Frequently asked questions
What is Form 27 in Indian patent practice? The annual statement of working of a patent, disclosing whether and how the patent is being worked (manufactured or imported) in India.
Can I file one Form 27 for multiple patents? Yes — for related patents of the same patentee where the revenue/value can’t be calculated separately; each licensee still files individually.
When must Form 27 be filed? Within six months of the end of each financial year (by 30 September), and not for the year in which the patent was granted.
What data was removed by the 2020 Rules? Quantum/monetary values, licences/sub-licences, whether public requirements were met, and whether the invention was reasonably affordable — leaving worked/not-worked status and approximate revenue.
Useful official resources
- The Patents Act, 1970
- Indian Patent Office — patents