March 11, 2010

Are You Working Your Patent?

If you are not, there's bad news. By the end of this month, you will have to inform the Patent Office that your patent is not worked in India. By this Public Notice, the Patent Office expects all the patentees to file Form 27 detailing whether their patents are worked or not. The good news, however, is that Form 27 is not based on sound fundamentals. My guest post titled "Making Patents Work" appeared today on Spicy IP, which has been serving IP to everyone's taste. The post argues that Form 27 is relevant only in the context of Compulsory Licences and that the Controller of Patents should not insist on patentees filing timely statements. My special thanks to Shamnad and Prashant for carrying out the post.

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