Draft Rule 21, Sub-rule (2) reduces the high cost previously paid by applicants for translation of priority documents and Sub-rule (3)provides non-extendable time limit for submitting the certified copies of priority documents and English translations.
修正專利施行細則草案第21條第2項免除了優先權證明文件翻譯的費用，而第3項將優先權證明文件及其英文翻譯的提交期限修改為不得延期。
The proposed time limit to file the verified English translation of the priority document is three months from the date of request from the Controller. As per the proposed amendment and inaccordance with Rule 51bis.1 (e) of regulations under the Patent Cooperation Treaty (PCT), verified English translations of priority documents will only need to be submitted to the Patent Office when the priority claim is obligatory to determine if the invention is patentable, or when the international application filed was half-finished and the applicant claims that the missing information was fully contained in the priority document.
提交優先權英譯證明文件的期限為自審查委員發出要求日起 3 個月內，針對 PCT 進入印度國家階段之申請案，優先權英譯證明文件只有在優先權對可專利性有影響時才須提交，或是PCT國際專利申請案提交的申請不完整且申請人主張優先權文件當中涵蓋了缺漏的資訊時須提交。
No extensions of time are permitted for filing the certified copy of the priority document, irrespective of whether the priority document is in English or in any other language. Where the applicant does not comply with the requirements, the claim of the applicant for the priority shall be disregarded for the purposes of the Act.
提交優先權證明文件之期限不得延期，無論優先權證明文件為英文或其他語言，若未依時提交，將會被視為未主張優先權。
Draft rule 131 of the principal rules, for sub-rule (2), the following sub-rule allows a patentee to skip submitting Form 27 for the year in which the patent was granted.
The Form-27 shall be furnished once in respect of every calendar year, starting from the calendar year commencing immediately after the calendar year in which the patent was granted and within three months from the end of such year.
修正專利施行細則草案第131條第2項，允許專利權人不再需要於專利核准當年提交商業使用聲明(Form27)。
Form 27專利使用聲明提交期限改成從授予專利權後的日曆年開始，且於該日曆年底前的 3 個月內提交。
The proposed revisions to the Form 27 format:
A new and updated Draft Form 27 is unambiguous, which eliminates the requirement of providing the formerly vague "quantum of patented product" manufactured in India or imported into India’s part of the commercial working statement. Instead, it now asks for "approximate value accrued in India" (in Indian rupees) to the patentee(s)/licensee from both manufacturing and importing the product into India. The proposed version brings in precision by asking for the ‘approximate value accrued in India from the patented product’ to the patentee/licensee filing the statement through manufacturing in India and importing into India.
細則提議更新Form 27
新的Form27清楚、明瞭，專利權人/被授權人無需於年度商業使用報告裡提供在印度製造或進口到印度的專利產品數量，只要求陳報專利權人/被授權人在印度製造或進口該專利產品的大概價值利益。使專利權人/被授權人能夠準確提供有關其核准產品或方法之使用的相關訊息。
Also separate segments are provided for product and process patents and the respective value accrued. The amended Form asks the patentee/licensee to state the approximate value accrued in India to them from the product(s) obtained directly by that process through manufacturing in India and importing into India. The patentee(s)/licensee are no longer required to submit country wise details of the value and quantum of the patented product imported into India, Steps being taken towards working (if patent has not been worked) and the licenses and sub-licenses granted during the year.
再者，新的 Form 27 新增用於提交專利方法、產品、累計價值與相關訊息之欄位，要求專利權人/被授權人陳報使用方法專利在印度製造或進口到印度產品的估計利益。
In the proposed version of the Form, a separate paragraph has been inserted asking whether patent has been worked or not and the words “Give whatever details are available” have been replaced by the words “If worked, details”
The revised Form also sets a word limit of 500 words for the statement on explanation for not working the patent. Further the proposed version mandates disclosure of the details of all related patents and the value accrued from all such patents, if the value accrued from a patent cannot be derived separately from the value accrued from related patents, the patentee(s) can provide the details of all the patents, including the patent numbers and a value derived from all the patents together, provided all the patents are granted to the same patentee(s).
修正後的form27，加入分欄可以填入專利是否已實施及其詳細說明，取代原本模糊的欄位，也加入限制500字來說明沒有實施專利的解釋。也揭露了所有相關專利細節與專利價值的累計。若專利的累計價值無法從相關專利細分出來，專利權人可以提供所有專利的細節，包括專利號及所有專利的價值累計，表示為同一專利權人所有。
Further with the anticipated amendment, it also states that Form is required to be filed by every patentee/s as well as the licensee/s (exclusive or otherwise). If there are two or more patentees, they may file the Form jointly; however, each licensee shall file this Form individually.
所有專利權人/被授權人(專屬授權或非專屬授權)都須提交Form27，若有同一專利有多位專利權人，可以共同提交一份。然而，每位被授權人則需分別提交。
會員登入
