[JAN] amendment to the Patent Rules, 2020. Flashcards
What is rule 27?
through it statements regarding the working of the patented invention on a commercial scale in India have to be filed by Patentees or Licensees.
What are the changes in form 27 related procedure?
a patentee gets flexibility to file a single Form-27 in respect of single or multiple related patents. Where a patent is granted to two or more persons, such persons may file a joint Form-27.
eliminated the need to publicly disclose under Form 27 the nature of commercial usage of the patented inventions in the country.
The time available to patentees for filing Form-27 has also been extended to six months, against the current three months, from the expiry of the financial year. Patentees will not be required to file Form-27 in respect of a part or fraction of the financial year.
Why disclosure is compulsory under form 27?
India’s patent law imposes an obligation on the patentee to commercially work the invention in India to ensure that its benefits reach the public.
The central idea behind granting patents itself is to ensure innovation and public interests are well balanced.
The disclosure is to be made in the Form 27 format as per the Patent Rules, 2003. This statement will help the Patent Office, potential competitors, etc. to determine whether the patentee has worked the invention in India and made it sufficiently available to the public at reasonable prices.
Effect of ammendement?
They are no longer required to provide any information in respect of the quantum of the invention manufactured/imported into India, the licenses and sub-licenses granted during the year and the meeting of public requirement at a reasonable price.
The amendment rules pave the way for patent abuse, monopoly of usage and make innovations inaccessible to people.
The lack of accessibility of patented medicines, life-saving drugs could result in undesirable consequences for public health of the country.
