Declaration of commercial working status of patents

The Indian Patent Office (IPO) has recently released a FAQ on Form 27 (declaration of commercial working status of patents in India) on August 26, 2024.

Under the Indian Patent Law, Form 27 is a crucial document that requires every patent holder/licensee to disclose the commercial working status of the patent. Failure to comply with this requirement may result in legal repercussions including the potential challenge to patent validity. The guidelines on Form 27 have undergone various revisions over time and have been subject to different interpretations by patent experts, leading to ambiguity and inconsistency in the information to be provided. This document provides clarification on timelines and guidelines for filing Form 27.

Key highlights of the notification are as follows:

The recent clarification by the Indian Patent Office has made the requirements more straightforward, aligning with the intended purpose of identifying inventions that can be utilized for public benefit in India, while also simplifying the process and making it more user friendly. In summary, this clarification on Form 27 was much needed to improve compliance and eliminate complications and inconsistencies in the information provided.