IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES
AUTHOR – PUNEET KAUR, STUDENT AT BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT AND RESEARCH, DEPARTMENT OF LAW, NEW DELHI, BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY)
BEST CITATION – PUNEET KAUR, IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 831-837, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
An invention that offers novel technical solutions, such as new products or processes, is granted exclusive rights by a patent. The Indian Patents Act of 1970 [1] requires patent holders and licensees to fully commercialize their patents in India, assuring public benefit through commercial exploitation. As required by Section 146(2)[2], compliance necessitates the submission of Form 27 statements outlining the scope of patent exploitation. Changes that went into effect in 2024 changed the submission schedule from annual to triennial, which decreased the frequency of compliance for patents awarded after April 2023. This change tries to make reporting easier and define concepts like “adequate extent,” which were controversial before. Examining Form 27’s function after the modification, the paper concentrates on how it affects applications for compulsory licenses of newly issued patents.
KEYWORDS: Working Statement, Form- 27, Compulsory License, Patent Amendment Rules 2024
[1] THE PATENTS ACT, 1970 ACT NO. 39 OF 1970
[2] THE PATENTS ACT, 1970 S 146(2), ACT NO. 39 OF 1970