The patentee would get the flexibility to file a single Form-27 in respect of a single or multiple related patents.
In an effort to ease the compliance burden, boost innovation, and increase ease of doing business, the government today made changes in the Patents (Amendment) Rules, 2020. Now, the patentee would get the flexibility to file a single Form-27 in respect of a single or multiple related patents, said a statement by the Ministry of Commerce & Industry. Authorised agents would also be able to submit Form-27 on behalf of the patentee, which will lead to greater ‘Ease of Doing Business’ for innovators, the statement added. According to the new changes, if a patent is granted to two or more persons, such persons may file a joint Form-27.
The ministry said that the patentee would be required to provide approximate revenue or value accrued, and the patentees would get six months to file Form-27, instead of the current three months, from the expiry of the financial year. In another major relaxation, now the patentee will not be required to file Form-27 in respect of a part or fraction of the financial year. It is to be noted that while on one hand, the requirements in Form-27 regarding submission of information by patentees have been eased, the Controller is empowered to seek information from the patentee, if required.
The government further said that if the priority document is available in WIPO’s digital library, the applicant would not be required to submit the same to the Indian Patent Office. However, applicants would be required to submit the verified English translation of a priority document, where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable or not.
The government believes that the steps taken today will streamline the requirements related to the submission of the statement regarding the working of a patented invention on a commercial scale in India. Meanwhile, the Patents (Amendment) Rules, 2020, came into effect on 19 October 2020.