Working Requirement Under Indian Patent Law: A Toothless Tiger?

Filing of patent working statements (Form 27s) in respect of granted Indian patents is a unique and significant, yet controversial, requirement under Indian patent jurisprudence. It is part of the patent bargain, i.e., patents should be worked in the countries where they are granted so that socio-economic benefits ensue therefrom. Lack of patent working can have serious consequences under Indian law, as discussed herein. The requirement is controversial, at least for pro-patent maximalists, for this very reason, and is often labelled as 'excessive'. We explore this working requirement, why controversies surrounding it are essentially misplaced, and how the proposed amendment regarding Form 27 timelines might be unnecessary.