The Office of Controller General of Patents has now published the information regarding “Statement of Commercial Working of Patents” (in accordance with section 146(3) of the Indian Patents Act, 1970, read with rule 131(3) of the Patents Rules, 2003) as received from the patentees for the year 2013.
The aforesaid section and rules provide that the Controller, at any time during continuance of the patent, has the power to call for information as to the extent to which the patented invention has been commercially worked in India. It is also obligatory on the part of every patentee and every licensee (whether exclusive or otherwise) to furnish such information in respect of every calendar year within three months of the end of each year. Refusal or failure to furnish the aforesaid information or furnishing false information may result in penal action including fine upto Rupees Ten Lakhs.
The portal thus made available by the Patent Office in this regard enables the user to retrieve information using criteria such as Patent No., Application No., and Name of Patentee across all four locations of the Patent Office. Any discrepancy in the information may be notified to the email@example.com, firstname.lastname@example.org, email@example.com or firstname.lastname@example.org as per applicable jurisdiction. However the data in this regard is still being processed by the patent office and the IPO’s website states that complete list shall soon be made available to the public.
The portal can be accessed from the IPO’s website at: http://ipindiaonline.gov.in/workingofpatents/