The Central government by exercising its power conferred under Section 159• of the Patent Act, 1970 that clearly states that “the Central government is empowered to make rules for implementing the Act and regulating patent administration” passed the patent (amendment) rules 2020. The same was released & enforced on 19th October of 2020 to bring some remarkable changes to facilitate the ease of doing business. This revised precept is not for the first time because there have been several amendments in the patent rules that came and enforced in the year 2003 and now the updated and corrected rules were published in the official gazette of the government of India on 19th October 2020.
Just above mentioned that the patent rules that have been enforced in the year 2003 have seen numerous revision in its rules and every change facilitate the task of innovators and tried to encourage the invention through the intellect mind of the people. Now, this amendment has also been made with the motive to ease some of the complex patenting processes and to boost up the Commercial working of the patent.
REVISED PRECEPT TO COMMERCIAL WORKING OF THE PATENT & FORM 27
As per the new amendments or changes made in the existing Patent Act the main focus is on the commercial working of a patented invention and the modification of (Form 27) to provide adequate support and to boost the invention in the economy. The first and foremost important change is regarding the change in the time duration of filing of statement related to the commercial working of the patented invention.
According to the revised rules, this duration has been extended up to 6 months from the date of expiration of financial year that is earlier 3 months to provide ample amount of time to file the statement by the patent holder. And this change in the duration of filing of the statement is taken place after the amendment takes place in Rule 131(1) which clearly states that “The Statement shall be furnished by every patentee and every licensee under subsection (2) of section 146• in Form 27 which shall be duly verified by the patentee or the licensee or his authorized agent” and the modification in Rule 131(1) brings out the requirement of modification of form 27.
Afterwards, one another noteworthy change that has taken place is regarding modification in Form 27 to facilitate the task of filing of the statement concerning the commercial working of the invention that has been patented earlier. Form 27 which is a way to impart information to the public about the working of patent and to proceed with this idea Form 27 was introduced and government makes mandatory for every patentee to file the commercial working statement related to their patented products and each and every information is being imparted to the public through the help of this Form 27.
This Patent (Amendment) Rules, 2020 modified and make a single form 27 enough for multiple patents without segregating all related multiple patents. This revision has also made evident that the revenue generated from a single patent cannot be segregated from the approximate revenue of the related multiple patents.
STREAMLINING OF FORM 27 THROUGH AMENDMENT IN DIFFERENT FACETS
In the above paragraph, we discussed the major modification in form 27 i.e. a single form enough for multiple patent and along with that there is a change in different facets of form 27 that is related to the non-disclosure of details of licensee or sub-licensees and removal of compulsion to provide statement related to the meeting of public requirements.
Before this amendment several other amendments take place but none of the earlier amendment focus on these aspects of form 27. By this amendment of 2020 focus shifted on the above- mentioned aspect and remove the compulsion to disclose the details of the licensee or sub-licensees in form 27 while filing the statement which put forward their information at the vulnerable position.
It also covers the issue of a requirement to provide the statement related to the fulfilment of public requirement and modify the earlier set rules. Earlier patentee has to provide the statement showing how much the requirement of the public has been met but the issue with the patentee is that there are no fix criteria to estimate the public requirement and its fulfilment which is now being removed by removing this requirement.
Demarcation in the filing of statement related to commercial working by licensees and the patentee is seen as another change in this amendment and considered to be one of the facets of form 27. As per new amendment each and, every licensee have to file the statement separately whereas patentee can jointly file the statement of commercial working.
Even the focus shifted up to the non-working of the earlier patented products and it is seen whether it is working or not and if not what are the steps that need to be taken to make it function properly.
Patent (Amendment) Rules, 2020: A Way Ahead
This Patent (Amendment) Rules of 2020 paves a new way for the innovators and for the intellect mind as this not only focus on the grey aspects but also on the plethora of aspects of the patent and its related facets. This also proves to be a significant and will pave a new way ahead as it abuts or touch the issue of breach of confidentiality and also by removing the requirement and different compulsion helps in maintaining the privacy of the licenses and patentees which is of utmost value in the upcoming time.
This amendment up to some extent tried to cover all essential concern and to bring and promote the smooth functioning of patent office and compliance of all the requirements. This all is, directly and indirectly, related to the protection of innovators from any adverse situation in accordance with the patenting of the product.
