It is obligatory for a patentee and for a licensee to file a statement of commercial working of the patent in respect of every calendar year within three months of the end of each year.
If a patent is granted before June, then a statement of commercial working of the patent for the remaining months of the year is required to be filed by 31st March of the next year. If a patent is granted after June, then a statement of working of the patent for the remaining few months of the year in which the patent has been granted is not required to be filed by 31st March of the next year. In that event the statement is to be filed by 31st March of the year after the 'next year'. For example, if a patent is granted in July 2008, then a statement of working of such patent is to be filed by 31st March of 2010.
A statement of working is required to be filed for a patent not only when the patent is being worked in India but also when the patent is not being worked in India.
If the patentee fails or refuse to file the statement as to the extent to which the patent has been commercially exploited in India, he will be punishable with fine which may extend to INR 10, 00000/- (which is approximately USD 25, 000)
The information required for fling a statement of working are as follows: -
a) full name and address of the patentee or licensee in whose name the said statement should be filled;
b) the serial number of the patent concerned and
c) information as to whether the patent has been commercially worked in India or not
d) if the patent has been worked then the quantum and value of the patented work.·
e) whether the patented product is being manufactured in India or it is imported to India
f) if the patented product is manufactured, then the name of the manufacturer in India
g) if the patent product is imported in India, then the name of country from which it is imported.
h) whether any license has been granted in respect of the patent
Should you have any further query regarding this matter, please feel free to write back.
by R. Enomori