Filing of Patent Information Form-27 for FY 2021-2022

It is mandatory under the Indian Patents Act, 1970 for every patentee and every licensee to file a statement as to the extent of commercial working of a granted patent in the Indian Territory. This working statement is embodied in Form 27 of the Patents Rules, 2003. An individual owning a patent, i.e. patentee, needs to submit Form 27 within six months from the end of each year to the Controller General of Patents. The present article briefs the Filing of Patent Information Form-27 for FY 2021-22. For more details on How to File a Patent in India

Form 27 - Statement Regarding the Working of Patented Invention On a Commercial Scale in India

Form 27 is a statement regarding the working of the Patented Invention on a commercial scale in India Form 27 is attached here for reference: Form 27 has also been amended via Patents (Amendment) Rules, 2020 to include the following:

Where the patent goods/invention has been used, approximate value/revenue (not the quantum and value) accrued in India to the patentee through manufacturing/ importing along with a brief write-up on the same will have to be provided.
Where the patent goods/invention has not been used, the reason for its non-working and the step required being taken for the working of the same.
Where information regarding the extent of working (partly, adequately, fullest) of the patented invention has been deleted, and instead of information regarding licensees and sub-licensees granted in a year.
Each licensee will be required to file the statement of commercial working individually, whereas patentees can also jointly file the statement of a commercial working.
Further, the rules for the filing of priority documents and English translation for Indian National phase patent applications now include certain PCT regulations, yet, the time period for the submission of the priority document and its English translation will remain unchanged.

Eligible Person to file Form 27

The eligible person to file Form 27 is listed as follows:

Every patentee and every licensee irrespective of the nature of the license held is required to file Form 27
Where a patent is granted to two or more persons, all such patentees may file this Form jointly; however, each licensee shall file this Form individually.
Authorized agents would be able to submit Form-27 on behalf of patentees

Prescribed Date to Submit Patent Form 27

Form 27 must now be furnished in respect of every financial year within six months from the expiry of every financial year, i.e., by September of the year subsequent to the relevant financial year. For financial 2021-2022, Form 27 is to be furnished before 30^th September 2022. Office of Controller General of Patents and Designs, and Trade Marks has recently vide a public notice dated 30^th June 2022 requesting the Patentee to File Form 27 within the prescribed time.

Time period to be considered

Earlier, Form 27 was required to be filed in respect of each calendar year and the deadline for filing was within three months after the end of the calendar year, i.e. by March. The period to be considered has been changed under the 2020 Amendment Rules – 'Calendar year', that is, the period from January 1 to December 31 of a year has been replaced with 'Financial Year, that is, the period from April 1 to March 31. The change from calendar year to financial year is likely to make the collation of information for filing easier for patentees as the information will now pertain to the entire financial year.

Information to be submitted

The following information is to be submitted in Form 27:

Name and address of the patentee
Nationality of the patentee
Patent number
Financial year to which the statement relates
Details of whether each patent in respect of which this form is being filed is worked or not worked
- If works, provide the following details:
  - Approximate revenue/value accrued in India to the patentee/licensee furnishing the statement from the patent number where the working is through
  - Manufacturing in India
  - Importing into India
- If not worked. Reasons for not working the patented invention(s) and steps being taken for working of the invention to be furnished
The Form To be signed by Patentee(s) / Licensee / Authorized Agent furnishing the statement

A consequence of Non Filing of Form 27

Non-compliance with the requirement of filing the working statement within the prescribed timelines as per the Patent Rules may invite a penalty of imprisonment which may extend to six months, or with fine, or with both, as provided under section 122(1) (b) of the Patents Act.