ASWAL ASSOCIATES- Intellectual Property Law firm India

  ABSTRACT Form 27 is a statutory obligation under Section 146(2) of the Patents Act, 1970 requiring every patentee and licensee to file a statement of commercial working of the patented invention in India. With the Patents (Amendment) Rules, 2024 coming into effect from 15 March 2024, the filing frequency has changed from annual to once every three financial years. For most existing patents, the first consolidated deadline under the new regime falls on 30 September 2026. This article explains the legal framework, the revised filing timelines, who must file, what information must be furnished, the consequences of non-compliance (including the revised monetary penalties under the Jan Vishwas Act, 2023), the indicative professional fee structure for filing, and the documentary requirements that practitioners should gather from clients in advance of the deadline. I.   Legal Framework and Purpose Form 27 is not a voluntary disclosure — it is a statutory obligation under S...

ABSTRACT  —  In a significant decision touching the intersection of patent law and biodiversity legislation, the Delhi High Court set aside the Controller of Patents’ order refusing an herbal pain-killer patent application on the ground that the applicant had not yet produced National Biodiversity Authority (NBA) approval at the time of hearing. The Court held that the proper course was to defer the final order until the approval was received, not to refuse outright—particularly where the invention had been found novel on merits. The judgment clarifies the timing requirements under the Biological Diversity Act, 2002 vis-à-vis the Patents Act, 1970, and reinforces the Controller’s duty to exercise discretion humanely and purposively. I.  Introduction The grant of a patent for an invention based on, or derived from, biological material sourced from India is conditional upon compliance with the Biological Diversity Act, 2002 (‘BD Act’). The Patents Act, 1970 (‘PA’) gives...