An updated formal requirement for submitting details about ‘working’ patented inventions has come into effect in India. The deadline for submitting the details for the last Indian financial year is 30 September 2021.
Deadline and period covered
In India “patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay.” [Section 83(a), The Patents Act, 1970].
An Annual Working Statement is required once a year in respect of the preceding financial year, which in India runs from 1 April to 31 March. The first year to consider is the financial year commencing immediately after the grant of the patent. We advise providing details for the period of 1 January 2020 to 31 March 2021 for this year’s submission because this year is a transition between the old and new regulations.
The statement should be filed within a 6-month period after the end of the financial year, which ends on 30 September. A single submission can be made for multiple related patents.
What information must be provided?
If your patent has been worked, an approximate value accrued to the patentee and/or licensee by sales of the patented product or the product implementing the patented technology in India. Additionally, an indication as to the proportion of this revenue that has been accrued by way of manufacturing in India and/or importing into India.
If not worked, a statement should still be submitted with the reasons for not working the patented invention/s and what steps are being taken for working of the invention/s. We can provide guidance on this including common reasons given for a patent not being worked.
Consequences of not filing
The filing of an Annual Working Statement is a statutory obligation. Non-compliance can give rise to penalties and may leave your patent vulnerable.
