Filing of Working Statement is now Mandatory / Unavoidable

The Controller General of Patents, Designs & Trademarks (CGPDTM) has recently issued Public Notice for information and compliance of all Patentees and License Holders.

As per the Notice, it is now mandatory [unavoidable] to file Working Statement on Form 27 under Section 146 of the Indian Patents Act, 1970 [as amended] read with Rule 131 of the Indian Patents Rules, 2003 [as amended] for the Year ending on 31 December 2009 latest by 31 March 2010.

The said Notice also draws attention to penal provisions of Section 122 of the Act, which is reproduced for your information:-

Section 122 Refusal or failure to supply information: (1) if any person refuses or fails to furnish:-

  1. a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100;
  2. b) to the Controller any information or statement which he is required to furnish by or under section 146,

he shall be punishable with fine which may extend to ten lakh rupees*.

(2) if any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

The penalty in Indian Rupees ten lakh is approximately USD 23, 255.00 [as per current exchange rate].

In view of present notice, it is advisable to timely and regularly comply with requirement of Working Statements.

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