In yet another measure to bring in transparency into the IP system, the Office of Controller General of Patents has now made available all the information regarding “Statement of Commercial Working of Patents” (in accordance with section 146(3), read with rule 131(3) of the Patents Act) as received from the patentees for the year 2012.
The aforesaid section and rules provide that the Controller, at any time during the 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 of 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. However, the data in this regard is still being processed by the office and it IPO’s website states that the complete list shall soon be made available.