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WHAT IS STATEMENT OF WORKING FOR PATENT IN INDIA?

FILING FORM 27: STATEMENT REGARDING THE WORKING OF PATENTED INVENTION(S) ON A COMMERCIAL
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What is statement of working for Patent

Statement Regarding the Working of the Patented Invention on Commercial Scale in India is a significant document under the Indian Patents Act, specifically designed for patentees and licensees to report on the working of patented inventions.

This blog will delve into the details of working statement through Form 27, its requirements, and its implications for patent holders in India.

What is Form 27?

Form 27, titled "Statement Regarding the Working of the Patented Invention," is mandated under Section 146(1) of the Patents Act, 1970. It serves as a disclosure document that allows patentees and licensees to report how their patented inventions are being commercially exploited in India.

Who needs to file Form 27?

Every patentee and every licensee in India shall file Form-27, a statement of working of the patented invention on a commercial scale in India:

  • In case of multiple patents, one Form 27 may be filed in respect of multiple patents, provided all of them are related patents and are granted to the same patentee(s).
  • Patentee/licensee may authorize a registered patent agent or attorney to file Form 27 on their behalf.

Key Requirements:

Patentees and licensees are required to submit Form 27 to the Indian Patent Office (IPO) with the following information:

-Commercial Working: The form must indicate whether the patent has been worked in India and to what extent.

- Approximate Revenue: Instead of disclosing exact sales figures, patentees now need to provide an approximate revenue generated from the patented invention.

- Consolidated Reporting: If a patentee holds multiple related patents, they can file a single Form 27 for all, simplifying compliance.

Why is Form 27 Important?

Form 27 plays a critical role in several areas:

- Statutory Compliance: Filing this form ensures that patentees meet their legal obligations under the Patents Act.

- Transparency: The information submitted helps maintain records of how patented inventions are being utilized in India, contributing to national technological development.

- Licensing Opportunities: By indicating interest in licensing arrangements through Form 27, patentees can attract potential licensees looking for partnerships.

How to File Form 27?

Form 27 can be filed either electronically or in physical form with the IPO. Here are the steps:

1. Gather Information: Collect all necessary details regarding the patented invention's commercial exploitation.

2. Complete the Form: Fill out all required sections accurately, ensuring compliance with new reporting standards.

3. Submit on Time: Ensure that you submit Form 27 within the stipulated deadlines to avoid penalties.

If you have more questions or need personalized help? Contact us for a free consultation!

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