This alert is with respect to submission of Working Statements (Form 27) for Patents granted by the Indian Patent Office. Please be informed that working statements regarding the working of patented inventions in a calendar year is required to be submitted for every granted patent within 3 months from the end of every calendar year i.e. 31st March of every year. Therefore for submission of working statements for calendar year 2013 due date is 31st March 2014.
In the above said working statements the patentee is required to submit the information regarding the working of the patented invention i.e. whether the invention is worked or not, if worked then quantum and value of the patented product.In case the invention is not worked, reason for non working is required to be provided. Further licenses and sub-licenses granted for the patent is also required to be submitted, if any, etc. Please find below the exact information required by the Indian Patent Office in respect of the working and draft Form 27 for your ready reference:
- Not worked
- If not worked: reasons for not working and steps being taken for working of the invention.
- If worked: quantum and value (in Rupees), of the patented product
- Manufactured in India
- Imported from other countries. (give country wise details)
- The licenses and sub-licenses granted during the year.
- State whether public requirement has been met partly/adequately/to the fullest extent at reasonable price.
The provisions of the Indian Patents Act, 1970 under which the above working statement is required are mentioned below for your ready reference.
Section 146: Power of Controller to call for information from patentees.
(1) The Controller may,at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice to within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice
(2) Without prejudice to the provisions of the sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked in a commercial scale in India.
(3) The Controller may publish the information received by him undersub-section (1) or sub-section (2) in such manner as may be prescribed.
Rule 131: Form and manner in which statements required under section 146(2) to be furnished.
(1) The statement which shall be furnished by every patentee and every licensee under sub-section (2) of section 146 in Form 27 shall be duly verified by the patentee or the licensee or his authorized agent.
(2) The statements referred to in sub-rule (1) shall be furnished in respect of every calendar year within three months of the end of every year.
(3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) of section 146.
Further, please also note that for refusal or failure to supply information regarding working of patent is punishable with fine which may extend to INR Ten Lakh (Section 122) and same can also be taken as ground for granting of compulsory license for the Patents for not being exploited.
For submission of Working Statements, Patentee can chose to provide either the Original working statements duly signed or provide a ‘Power of Attorney’ with which Indian Agents can prepare and sign the working statements for any number of Patents, with the information provided by Patentee for working. In this regard, we hereby enclose draft Power of Attorney for kind perusal and execution if required.