Statement on working a patented invention (Rule 131)
- As per amended Rule 131 statement of working of invention shall be furnished within 6 months of expiry of a financial year (30 September). Earlier the statements had to be furnished within 3 months of expiry of a calendar year (31 March).
- This amendment provides provision to the patentee to file one statement of working in respect of multiple patents, provided all of them are related patents.
- The amendment provides provision to mention approximate value and revenue from patented product instead of the exact value as required earlier.
- When a patent is granted to more than one person, the patentees can furnish the details jointly. However, when license is granted to more than one person, each licensee has to furnish the details separately.
- The patentee/licensee is no longer required to declare whether public requirement has been met at reasonable price.
English translation of priority document (Rule 21(2))
- As per amended rule 21(2), English translation of priority document is required to be filed only where sub-paragraph (i) or sub-paragraph (ii) of paragraph (e) of rule 51bis.1 of PCT regulation is applicable.
- This amendment provides relief to applicants who enters Indian phase through PCT, that they need not provide translation of priority document, unless a ‘P’ category document is cited in the examination report, thus making it cost effective for such applicants.
The amendments under Rule 131 provides additional time to the Patentee/Licensee to submit the working statement as per their financial year and the amendment under Rule 21(2) provides relief to applicants who enter the Indian phase through PCT, that they need not provide the translation of priority document, unless a ‘P’ category document is cited in the examination report, thus making it cost-effective for such applicants. Hence these amendments are expected to bring a positive impact to the national phase filings in India and submission of working statements.
