In a recent development that could have major ramifications on intellectual property cases in pharmaceutical and technology sectors, the Delhi High Court issued a notice to the government in a PIL (Public Interest Litigation) filed by Mr. Shamnad Basheer in regard to the “working statement” of patented inventions in India.
MANDATORY REQUIREMENT TO FURNISH DETAILS OF WORKING OF PATENTS
According to Section 146(2) of the Patents Act, 1970 read with Rule 131 of the Patent Rules, 2003, every patentee and every licensee has to make an annual disclosure (Form-27) as to how far and to what extent the patent has worked on a commercial scale in India. A statement of working is a yearly declaration to be made by the patent-holder and/or the licensees attesting the fact that the invention has indeed been commercially worked for the benefit of the public Read More .