Patent Agent Examination 2025| Paper 2 (II) | Question no 3
A textile machine manufacturer invented a weaving machine with very high productivity as compared to state of the art machines. A patent application for the same was granted on 30/12/2024.
What is the deadline for filing statement regarding the working of the patented invention on commercial scale in India by the applicant in this scenario? Further, considering the various provisions of extension provided under the Patents Rules, calculate the extended dates till when the statement regarding the working of the patented invention on commercial scale in India may be filed.
Ans:
Filing a statement regarding the working of a patented invention on a commercial scale is governed by Section 146(2) of the Indian Patents Act, 1970, and Rule 131 of the Patents Rules, 2003. Here’s the detailed answer to your query:
1. Deadline for Filing the Statement (Form 27):
As per Rule 131(1), the statement regarding the working of the patented invention (Form 27) must be filed for every calendar year within 6 months from the end of that year.
Since the patent was granted on 30/12/2024, the first year for reporting would be 2024. However, because the patent was granted only on the last day of 2024, there is no significant working to report for 2024. Hence, the first meaningful statement is required for the calendar year 2025.
- The deadline for filing Form 27 for the 2025 calendar year is 30/06/2026 (6 months from the end of 2025).
2. Extended Deadline:
Under Rule 138, an extension of time can be sought for various acts, including filing Form 27, by making a request to the Controller. The extension period can be a maximum of one month.
Thus:
- The extended deadline for filing the statement for the 2025 calendar year is 31/07/2026.
Summary of Deadlines:
- Original Deadline: 30/06/2026.
- Extended Deadline (with request under Rule 138): 31/07/2026.
Key Note:
The patentee must ensure timely filing to avoid penalties or potential legal consequences. Non-compliance with Form 27 requirements can result in fines under Section 122 and may adversely impact the enforceability of the patent.
