BABARIA IP & CO.
Patents play a significant role in promoting innovation and growth in various fields, including technology, pharmaceuticals, and engineering, among others. In India, patents act as legal instruments that protect inventors' intellectual property rights by granting exclusive rights to them for a limited period. The Indian Patent Act governs the filing, registration, and enforcement of patents in India. One of the statutory requirements that patent holders must comply with is filing the Statement of Working of Invention (SOW). This article aims to provide a comprehensive guide on SOW's legal and practical aspects and its implications for patent holders in India.
The Concept of Statement of Working of Invention
- Definition and purpose: The SOW is a legal document that provides details regarding an invention's working status, commercialization efforts taken by patent holders and revenue generated from it (if any). Its main objective is to promote transparency by disseminating information about the use or non-use of patented inventions. The document enables third parties to determine whether a particular invention is available on the market or not.
- Legal basis under Indian Patent Act: Section 146(2) of the Indian Patent Act mandates every patent holder to furnish information on working their invention within India. However, this requirement is only applicable when three years have passed since the date of grant or four years from the application's date- whichever comes first.
Key Components of a Statement of Working of Invention
- Patent holder details: Every SOW must contain the name and address details of the patent holder(s).
- Patent number and title: The SOW should specify both the patent number allocated by the Indian Patent Office (IPO) after grant as well as its corresponding title.
- The invention's working status: SOW should explain how much work has been done or planned to commercialize an invention made possible through a patent with relevance inside India.
- Revenue generated from the invention: The most important component of SOW: Explaining how much revenue is generated through the patented technology to date.
Compliance with Statutory Requirements
- Filing timelines: According to Section 146(2), patent holders in India must submit the SOW to the Indian Patent Office within three months of each year's end, starting from the third year of patent issuance or fourth-year application filing.
- Filing format and forms: There are currently no specific formats for submitting SOWs for patents applications filed before January 1, 2005; however, after this date, an appropriate form provided by the Indian Patent Office should be used.
- Consequences of non-compliance: In case a patent holder fails to file an SOW or files it late or with incomplete information about working their patented invention(s), they may face severe legal consequences such as revocation of a patent or hefty fines. Notably, non-compliance also leads to violation of your respective granted patent claim stipulations.
Public Interest and Transparency
- Role in promoting transparency: The public can use the data provided in an SOW document to assess and scrutinize technologies present in specific technical markets and economic sectors thereof.
- Ensuring technology dissemination and accessibility: SOW documents increase technological availability within India since every individual or organization can access them under certain stipulated conditions available through IPO's official website.
Best Practices for Complying with Statement of Working Requirements
- Establishing internal patent management systems: Organizations should create an approach that incorporates creating internal mechanisms for SOW filings regularly.
- Collaborating with legal professionals: Patent attorneys in India can provide crucial support to organizations seeking compliance guidance regarding statutory requirements.
- Timely and accurate reporting: Every year on a specific date, they ought to submit appropriate documentation outlining the process carried out by licensee/licensee holders inside India concerning commercializing inventions.
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