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In the context of filing Form 27 on working of patents, which of the following is true: i. Every…

Section 146(2) of the Patents Act, 1970 requires statements of working from "every patentee and every licensee (whether exclusive or otherwise)", so every patentee must file…

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In the context of filing Form 27 on working of patents, which of the following is true:

i. Every patentee is required to file Form 27

ii. Exclusive licensee should file Form 27, but it's not mandatory for non-exclusive licensee

iii. For joint applicants, all such patentees may file Form 27 jointly

iv. Different licensees of the same patent may file jointly

Select one answer
Answer and explanation

Correct answer D

Section 146(2) of the Patents Act, 1970 requires statements of working from "every patentee and every licensee (whether exclusive or otherwise)", so every patentee must file Form 27 and a non-exclusive licensee is not excused. Before the Patents (Amendment) Rules, 2024, the note to Form 27, as substituted by the Patents (Amendment) Rules, 2020, said that where a patent is granted to two or more persons "all such patentees may file this Form jointly; however, each licensee shall file this Form individually". So statements (i) and (iii) are true, and (ii) and (iv) are false.

Current law: since the Patents (Amendment) Rules, 2024, Form 27 is filed once in respect of every period of three financial years, within six months of the end of that period (rule 131(2)). The note to the new Form 27 still requires the Form from "every licensee (exclusive or otherwise)" and allows joint filing only where a patent is granted to two or more persons, "jointly by all or any of such persons".

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