Revised Indian Patent Implementation Statement

Submitted by song on Sat, 08/31/2024 - 21:55

来源：

页之码IP

The Indian Patent Office (IPO) issued a FAQ on August 26, 2024, clarifying the deadline for applying for a SOW for a granted patent in India. According to the Patents (Amendment) Rules, which came into effect on March 15, 2024, the filing cycle of patent implementation reports for patent applications has been changed from "annually" to "every three financial years". The Indian Patent Office recently clarified the deadline for making a statement of patent implementation as follows:

1. Specific deadline for submitting SOW according to the revised Patent Law:

Authorization time

Deadline for submitting SOW

The fiscal year that the SOW should cover

Patents granted before March 31, 2022

September 30, 2026

Can be extended until:
- 1st extension (3 months): December 31, 2026, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2027, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2027, and the fee is: $625.00/month

April 1, 2023 - March 31, 2026

The three financial years involved are:

2023-2024
2024-2025
2025-2026

Patents granted between April 1, 2022 and March 31, 2023

September 30, 2026

Can be extended until:
- 1st extension (3 months): December 31, 2026, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2027, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2027, and the fee is: $625.00/month

April 1, 2023 - March 31, 2026

The three financial years involved are:

2023-2024
2024-2025
2025-2026

Patents granted between April 1, 2023 and March 31, 2025

September 30, 2027

Can be extended until:
- 1st extension (3 months): December 31, 2027, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2028, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2028, and the fee is: $625.00/month

April 1, 2024 - March 31, 2027

The three financial years involved are:

2024-2025
2025-2026
2026-2027

Patents granted between April 1, 2024 and March 31, 2025

September 30, 2028

Can be extended until:
- 1st extension (3 months): December 31, 2028, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2029, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2029, and the fee is: $625.00/month

April 1, 2025 to March 31, 2028

The three financial years involved are:

2025-2026
2026-2027
2027-2028

2. Deadline for expired/expiring patent application SOW:

Patent expiry date

Deadline for submitting SOW

The fiscal year that the SOW should cover

Patents whose protection period expires between April 1, 2023 and March 31, 2024

September 30, 2024

Can be extended until:
- 1st extension (3 months): December 31, 2024, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2025, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2025, fee: $625.00/month

April 1, 2023 - March 31, 2026

The three financial years involved are:

2023-2024
2024-2025
2025-2026

Patents whose protection period expires between April 1, 2024 and March 31, 2025

September 30, 2025

Can be extended until:
- 1st extension (3 months): December 31, 2025, fee: $125.00/month
- Second extension (6 months beyond the first extension): June 30, 2026, fee: $625.00/month
If the 1st extension is not available, the deadline is: March 31, 2026, and the fee is: $625.00/month

From April 1, 2023 to expiration,

The two financial years involved are: