This alert is a reminder for all patent holders of Indian
patents to file Form 27 before the deadline of March 31,
2013. Form 27 is a declaration by the patentee or its
licensee(s), describing the extent of commercial exploitation,
alternatively called "working of the patent" in India in
the past calendar year. Form 27 needs to be filed in relation to
each granted patent.
Why is there a requirement of filing Form 27 ?
A patent is a monopoly right granted in favor of a patentee to
utilize and monetize the patented invention to the exclusion of
others. This is done with the objective of encouraging the
development of new and useful inventions and technology for public
good. However, the purpose of grant of an exclusive monopoly right
will become futile if the patentee, either itself or through his
licensees, does not commercially exploit the patent. In that
regard, Indian Patent Act, 1970 ("Act")
prescribes Form 27 to collect information from patent holders as
