Working of Patents Statements * What are working of patents statements?
Working of Patents Statements in India. File Form 27 before Indian Patent Office. The working of patents is an important requirement in patent laws all over the world. It is important for the patentee and licensee to inform the patent office the status of working and manufacturing the patent in India.
Working of Patents Statements in India Form 27: Patent law in India includes The Patents Act, 1970 along with the patent rules, as amended in 2005, 2014 and 2016.
Indian patent law is based on international standards as India is signatory to TRIPS (Trade Related Aspect of Intellectual Property Rights System as specified by WIPO (World Intellectual Property Organisation).
India is also signatory to the Patent Cooperation Treaty (PCT) for filing of PCT National Phase Applications in India and PCT International Patent Applications with Indian Patent Office as receiving office.
What is the importance of Regulatory Annual Compliance of Submitting Working Statement of Granted Patents in India? FAQ Answer
Important section of patent act in India is:
Section 83
General principles applicable to working of patented inventions
Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely;—
that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay;
that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article;
that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations;
that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India;
that patents granted do not in any way prohibit Central Government in taking measures to protect public health;
that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and
that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public.
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