High Court observes lapses in filing of Working Statements under Indian Patent Act

A writ petition was filed before an Indian High Court wherein lapses in the filing of “patent working documents / Form 27” by the patentees and failure to completely adhere to the statutory requirements, as prescribed in the Indian Patent Act and Rules therefore, were pointed out.

While the matter is presently sub-judice, the Court did make an important observation with regard to the information and details that are required to be provided while filing the said Form 27 by stating that “All that the patentees submitting Form-27 are required to submit, is the details of the licenses and sublicenses. This information certainly cannot be termed “confidential” and therefore, the Patents Office has to treat such suppression as failure to comply with the requirements of Section 146 of the Patents Act, 1970 and to take action against the patentees who do not furnish the required information.”

For ease of reference, please note that the provisions of the Indian Patent Act makes it obligatory on the part of every Patentee and every licensee to file Working Statement / Form 27 for their granted Indian Patents for each calendar year on or before 31st March of the next year. Any non-compliance with this provision, will attract a fine to the extent of INR 10 Lakhs (approx. USD 15,700/-*). Further, in case a Patentee and / or a licensee furnishes information or statement which is false, which it knows or has reason to believe is false or not true, shall attract punishment of either imprisonment, to the extent of six months, or fine or both.

* The conversion rate applied for this update has been sourced from the average conversion rate as on date and is meant only for explanatory purposes.

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