Such statements are required to be submitted to Indian Patent Office once for every period of three financial years, starting from the financial year commencing immediately after the financial year in which the patent was granted. The statement of working must be submitted within six months after the expiry of the third financial year i.e. September 30 of the third financial year.
In case the patentee/licensee fails to file such a statement within the due deadline, then the same may be filed along-with a request of condonation of delay that attracts a fee (per month) of INR 2000 for a natural person/startup/small entity/educational institution and INR 10,000 for other(s) i.e. either large entity alone or large entity along with natural person/startup/small entity/ educational institution.
Penalty for non-filing of patent working statements in India
Failure to submit information on statement of working is punishable with fine which may extend up to INR 0.1million and a further penalty of one INR 1000 everyday for the continuing refusal or failure.
Further providing false information regarding working of an invention shall impose a penalty of a sum equal to half percent of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to INR 50 million, whichever is less.
