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: 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). 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. Consequences of Non-Compliance:…

Patents grant inventors exclusive rights over their creations for a specific period. In India, patentees and licensees have a responsibility to disclose how their patented inventions are being utilized within the country. This is achieved through Form 27, an essential document for patent compliance. Recent amendments to the Indian Patent Rules in 2024 have brought about some key changes regarding Form 27. What is Form 27? Form 27 is the designated form, as prescribed by the Indian Patents Rules, 2003 (as amended in 2024), titled "Statement Regarding the Working of the Patented Invention." This form serves as a mandatory disclosure document under Section 146(1) of the Patents Act, 1970. Patentees (as defined in Section 2(f) of the Act) and licensees (granted permission under Section 66 of the Act) are obligated to file this form with the Indian Patent Office (IPO). Recent Amendments and their Impact on Form 27 The Indian…

A patent is a statutory right granted for a limited period to an applicant for either a product or a process. In the case of a product patent, the patentee can exclude or prevent others who do not have his consent, from the act of making, using, offering for sale, selling, or importing for those purposes that product in India. Similarly, in the case of a process patent, the patentee can exclude others from the act of using that process, and from the act of using, offering for sale, selling, or importing for those purposes the product obtained directly by that process in India.[i] But, what is right given for? This right is given in lieu of the complete disclosure of the invention made by the patentee to the common mass and this system is commonly known as “quid pro quo”, i.e. “something for something”. There are several objectives behind…