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Feb 16, 2013

Patent Office issues notification regarding Form 27

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Patent Office issues notification regarding Form 27
As the deadline of 31st March 2013 approaches, the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM), through a notice dated 12th February 2013, has drawn attention of the patentees and licensees towards the filing of Form 27 for annual statements to be furnished with respect to the working of their invention on a commercial scale in India as is required under Section 146(2) of the Patents Act, 1970.
As per the Patents Rules, 2003, every patentee and every licensee is required to file the Annual Statement in respect of every calendar year, in a duly filled Form 27, signed by person making the statement, or the duly authorized agent, within 3 months of end of each year. This form has to be filed with respect to each granted patent.
This form provides information regarding the extent to which the patented invention has been worked on a commercial scale in India. The working of a patent in India assumes importance, since the grant of a compulsory license depends on its working. The information required to be furnished in the form is as follows:

  • Whether the patent has been worked or not in India
  • In case where the patent has not been worked in India, the reason therefor, as well as the steps being taken for the working
  • In case where the patent has been worked in India, the quantum and value of the patented product manufactured in India, as well as that imported from other countries.
  • The licenses and sub- licenses granted during the year, with respect to the patent
  • Whether the requirement of the public has been met partly or adequately or to the fullest extent at a reasonable price by the working of the patent as disclosed

No statutory fee is required to be paid for the filing of the Form.

Penalty Provisions

For non- filing of Form 27: Any person failing to, or refusing to furnish the information as required in Form 27 with respect to a granted patent, is liable to be punished with a fine which may extend to INR 1,000,000 (Rupees One Million Only).

For furnishing false information – Furthermore, where the information provided in such Form 27 is found to be false, the person furnishing such statement is liable to be punished with imprisonment which may extend to 6 months, or with fine, or both.


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