Last March, the Indian Patent Rules were modified, simplifying the procedure for the filing of Statements of Work regarding patents granted in the Asian country. These changes seek to standardize the process of obtaining and maintaining patents and to eliminate obstacles that applicants or owners had encountered during the processes.
The following are some of the most important changes to consider.
- Statements of Work will now be filed once every three financial years, instead of annually. Statements of Work must be filed within six months of the expiration of that third financial year.
- If the deadline cannot be met, the patent holder may request an extension of up to three months by filing the formal application and paying the corresponding fee.
- The filing obligation will start from the financial year following the one in which the patent was granted.
- The filing of the Declarations will be made in a new format, where it will no longer be necessary to provide data on the exploitation of the patents in India.
- In case of licensed patents, the patentees may provide the contact details of the authorized third party whom the interested parties may approach for negotiating the license.
- Failure to file the Statement of Working does not affect the validity and legal duration of the patent but may result in a penalty of 20,000 dollars.
Remember that if you have any questions or would like more information about these amendments, you will find us here to help you.
