The Indian Patent Office has published a FAQ addressing questions related to the filing dates for the Statements of Working following the transition from an annual to a triennial submission schedule.
In accordance with the relevant provisions of Indian patent law, a patented invention must normally be worked, either by the patent holder or by a licensee.
Thus, from the time the patent is granted, the patent holder or licensee is required to submit a Statement of Working indicating whether or not the patent is being worked in India.
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The purpose of this statement is to inform the public about the working conditions of the patent, thereby allowing any interested party to request the grant of a compulsory license at any time after three years from the date of patent grant, on one of the following grounds:
- The reasonable requirements of the public with respect to the patented invention have not been met; or
- The patented invention is not available to the public at a reasonably affordable price; or
- The patented invention is not being worked on the territory of India.
The grant of such a compulsory license by the Indian Patent Office is extremely rare in practice.
Previously, Indian regulations required that this statement be submitted annually to the Indian Patent Office, starting from the fiscal year following the year in which the patent was granted. This statement has to be filed within six months after the end of that fiscal year (i.e., by September 30 each year, since the fiscal year in India runs from April 1 to March 31).
However, following the enactment of a new law on March 15, 2024, the statement is now only required every three fiscal years and must cover this period.
Since the introduction of this new law, Indian representatives have sought clarification from the Indian Patent Office regarding the filing procedures for statements under this new schedule.
Following the publication of an official directive in the form of a FAQ on the Statement of Working by the Indian Patent Office, it is now clear that the next deadline for submitting the statement for all patents in force and granted before or during the 2022-23 fiscal year is September 30, 2026.
Patents granted during the 2023-24 fiscal year will first be subject to this requirement by September 30, 2027, and so on.
The corresponding Form 27 has also been simplified.
Notably, the patent holder is no longer required to provide information regarding the revenue or value derived from commercialization in India.
The required information is now limited to the following:
- Whether the patented invention was commercially worked in India during the fiscal period covered by the statement;
- In the event of non-working, the reason for this non-working, selected from the options provided in Form 27;
- Whether the patent is available for licensing.
Failure to submit the statement subjects the patent holder or licensee to a fine of up to 1 million rupees (approximately 11,000 euros), while a false declaration may result in imprisonment of up to six months, a fine, or both.
