14 January, 2019
With the beginning of new year, we take the opportunity to wish you the very best for the year and gently remind you of the Indian patent law requirement for filing of working statements in granted patents for the calendar year 2018. The deadline to fulfill this requirement stands for March 31, 2019.
As you might know, this unique legal requirement in Indian patent law was under judicial scrutiny by the Hon’ble Delhi High Court (DHC) in a writ petition filed by an Indian IP activist in 2015. The DHC disposed of the said writ petition on April 23, 2018 and directed the Government/Indian Patent Office to effectuate necessary amendments in Patent Rules (through consultative process with the stakeholders and within the time line submitted by the Government) to introduce necessary changes in Form 27 (the Form prescribed for filing working statement under Patents Rule, 2003) and to provide effective mechanism for enforcement of the provisions related to working statement.
The Government started this process in February, 2018, called the stakeholders meeting, received comments from over 73 stakeholders and is considering the changes but the draft Rules to propose the amendment in Form 27 are yet to be circulated, considered and implemented.
In view thereof, we strongly recommend to collect and collate the necessary information on working of the patents in India for the calendar year 2018 (as per the current Form 27 which can be accessed here ). More information on this legal requirement is available here (FAQ) and here (Report on DHC Case) and here copy of the order and for any other guidance and/or assistance on this procedure, please feel free to contact us.
For further information, please contact:
Manisha Singh, Partner, LexOrbis
manisha@lexorbis.com
