The Indian Patent Office (IPO) has issued the much-awaited guidance on frequently asked questions (FAQs) regarding the filing of Statement of Working (SOW) of patents using Form 27. The Patents Amendments Rules 2024 (Amended Rules), which came into effect on March 15, 2024, made substantial revisions to the nature of information required and the timelines to file SOWs to ease the requirements for patentees in India.
The FAQs are an outcome of extensive consultations between the IPO and numerous stakeholders, addressing the varied interpretations and implications of the Amended Rule 131(2) concerning the timelines of filing of SOW of Indian patents.
The FAQs provide detailed guidance on various scenarios and corresponding applicable timelines while clarifying that the Amended Rule 131(2) will apply prospectively.
The key takeaways are as under:
- For all patents for which SOW was filed for the financial year* (FY) 2022-23 (as per the earlier Rules) by September 30, 2023, the next due date for filing SOW for such Patents will be September 30, 2026.
- For the patents granted in 2022-23, irrespective of the date of grant, the three-year period will apply and the SOW will be due by September 30, 2026.
- For patents granted in FY 2023-24, applying the new three-year period timeline, the SOW will be due by September 30, 2027. Likewise, for the patents granted in FY 2024-25, the SOW will be due by September 30, 2028, and so on.
- SOW due by September 30, 2024 - For patents whose term may have expired in FY 2023-24, the SOW for the active period of a patent will be due by September 30, 2024.
- Similarly, for patents due to expire in FY 2024-25, the SOW for such patents will be due by September 30, 2025.
The Amended Rules also provide for certain extensions for filing SOW, the details of which have been provided in the FAQs.
*An Indian financial year is from April 1st to March 31st.