The Indian Patent Office recently released a comprehensive FAQ document regarding Form 27, aimed at clarifying the requirements and procedures for patentees and licensees in India. Form 27 is a statutory requirement under Section 146(2) of the Patents Act, 1970, and Rule 131(1) of the Patents Rules, 2003, mandating the submission of a statement concerning the commercial working of a patented invention in India.

Key Highlights:

1. Who Needs to File?
   Every patentee and licensee in India must file Form 27, either individually or through an authorized patent agent or attorney. A single form can cover multiple patents, provided they are related and granted to the same patentee(s).
2. Filing Timeline and Extensions:
   Form 27 should be filed once every three financial years, starting from the financial year following the patent grant. The deadline can be extended up to nine months upon filing appropriate requests under the relevant rules.
3. Consequences of Non-Compliance:
   Filing Form 27 is mandatory, and failure to do so can lead to penalties under Section 122 of the Patents Act, 1970, as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023.
4. Scenarios and Illustrations:
   The FAQs provide detailed scenarios regarding filing timelines for different cases, including patents granted before 2022-23, patents expiring soon, and multiple stakeholders filing separately for the same patents.

To access the full document published by the Indian Patent Office, you can download the PDF here https://www.ipindia.gov.in/newsdetail.htm?1001.

This new FAQ document aims to help patentees and licensees understand their obligations and streamline the compliance process for the working of patents in India.

Summary

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Recent FAQs Published by the Indian Patent Office on Form 27

Description

The Indian Patent Office has released a detailed FAQ document on Form 27, explaining the requirements for patentees and licensees to report the commercial working of their patents in India. The document clarifies who must file, the timeline and extensions for filing, and the consequences of non-compliance, aiming to streamline the compliance process.