For the first time in the history of patents in the country, the government has started the gargantuan process of compilation of data regarding the status of the valid patents granted during the last over 20 years in the country. Aiming to codify a data to make it available to the public, the Controller General of Patents, Designs and Trademarks has asked the patentees and licensees to furnish information 'on working of patents' before March 31, 2010. The Controller General of Patents has also warned that any failure to comply with the order will attract punishment.
In a notification dated 24 December, 2009, the Controller General of Patents said, "All patentees and licensees are required to furnish information in Form No 27 on working of patents as prescribed under section 146 of the Patents Act (as amended) read with Rule 131 of the Patents Rule 2003 (as amended). Attention of the patentees/licensees are also invited to provisions of section 122 of the Patents Act, 1970 (as amended) wherein penalty is prescribed for non submission of such information".
This is for the first time that the patent office is codifying the patents granted by the patent office in India. "My aim is to make available to public the complete information about the valid patents granted in India. We will publish the complete information about the Indian patented products, whether they are working or not working, etc, by June or July this year", said P.H. Kurian, Controller General of Patents, Designs and Trademarks.
It is the fundamental duty of the Patent Office to make it public the information regarding the patents which are working or which are not working so that others can apply for compulsory licensing, Kurian said and added that those who do not comply will be prosecuted as per the law. All these data will be combined and will be published in the patent journal, by June-July this year and now onwards it will be published every year, Kurian added.
Meanwhile, patent experts have welcomed the rather rigorous exercise embarked upon by the patent office. "Implementation of the 'working of patents' provision was long overdue. The action of the patent office is expected to open up a new round of debate and deliberation on 'working' of patents. While every granted patent is not expected to be worked in India, patents covering public needs, especially in essential areas like public health and nutrition will attract attention if not worked in India", said patent expert Dr Gopakumar Nair.