‘Statement of Patent Work Information’ is not Confidential in India

23 Jan 2018

NEW DELHI - Delhi High Court announced that information pertaining to patent work is not “confidential” and has to be mandatorily submitted by all patentees. In addition, all the licensees / compulsory licensees have to comply with this decision. 

The Court stated that the Indian Patent Office has been acting negligently in instituting any action against non-compliance by the patentees/licensees.

As per the prevalent law, there is a mandatory requirement for every patentee, along with every licensee, to submit information regarding the commercial work of the patent in respect of every calendar year in Form 27. The submissions can be made before March 31 of each year. This information is submitted for granted patents only.

Non-compliance of the aforementioned patentees and licensees has made a civil as well as a criminal offence under Section 122.

While the final decision of the Delhi High Court is awaited, it shall now be very important to ensure that the aforementioned statutory requirement is met strictly.



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