The answer to the question asked in the video is 'no'. A. Patent cannno be revoked only for the reason that form 27 is not filed. Then what could be impact of not filing. I mean what could be the punishment for not filing
@@AbhayPorwal @trivenisandhi2199 was dead. after seeing her comments on this channel. how she prepared for patent agent and also cleared the exam. very talented but we miss her.😥😭😢
I need help/suggestion on this. My company name is ABC(NOT to disclose) is a indian company. we initially filled patent in india after 6weeks filed in US after patents granted in both countries. we went for licensing in US not in india. In india form 27 whether we need to say US licensing amount to india patent office or not? In form 27 whether we need to mention Importing into India/Sales?
Can the patent be revoked for this reason? Ans:- No,,, Reason if they want revoked on same reason, hence Patent act not provide Section 122 for fine and imprisonment or both.
Ans to Ques : Failure to file a statement of working does not affect the validity of an Indian Patent. The patent will remain in force. Further, furnishing any false information or statement which the patentee/licensee, either knows or has reason to believe to be false or does not believe to be true, is punishable with imprisonment which may extend to six months, or with a fine, or both.
Can a patent be revoked only on the ground that the form 27 is not filed regularly or that the information related to that was fabricated?? What's the answer please let me know 😅
So as per my thinking, u/s 85- revocation of patent by the controller for non-working has stated three grounds. One of them is that the invention has not worked in the territory of India. Accordingly I think so this ground is sufficient for revoking the patent. Please confirm my understanding @Abhay_sir.
@@Omnamahshivay-k9c Unfortunately, your reading of section 85 is not appropriate. Section 85 is only applicable when a CL has been granted for a patent and then if the patent is still not worked in India (after 2 years), such revocation can be availed.
I am not happy!! Even after providing the grounds for Pre, Post and U/65 revocation in such a unique manner, we are still confused? When did we talk about S146 while discussing grounds!! 🙂
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Dear Abhay Porwal, Thanks for the clear and simple explanation of the Working of inventions!! Really appreciate your service.
Thank you for your kind words.
Sir, Now penalty is 1 lakh for not furnishing info. And 1.5% of total turnover in case of wrong info? Am I correct?
The answer to the question asked in the video is 'no'. A. Patent cannno be revoked only for the reason that form 27 is not filed. Then what could be impact of not filing. I mean what could be the punishment for not filing
Check section 122 (1) b :-)
Also read other comments
@@AbhayPorwal U/s 122(b), if wrong information is furnished, it is a punishable act. But my doubt is what if form 27 is not at all filed.
Sorry for bothering. I got the answer. U/s 122(1) apply for not furnishing information of section146 as well. Thank u
@@trivenisandhi2199 huh! Read well!!
@@AbhayPorwal @trivenisandhi2199 was dead. after seeing her comments on this channel. how she prepared for patent agent and also cleared the exam. very talented but we miss her.😥😭😢
Hello Sir,
In the manual the timeline given is three months from the end of the calender year? Which one should we consider?
It is end of financial year + 6 months - that is by September everyyear.
I need help/suggestion on this. My company name is ABC(NOT to disclose) is a indian company. we initially filled patent in india after 6weeks filed in US after patents granted in both countries. we went for licensing in US not in india. In india form 27 whether we need to say US licensing amount to india patent office or not? In form 27 whether we need to mention Importing into India/Sales?
Hellp, Form 27 is for Indian Patent - that too working in India. Therefore, you don't need to disclose activities with regards to US patent
Can the patent be revoked for this reason? Ans:- No,,, Reason if they want revoked on same reason, hence Patent act not provide Section 122 for fine and imprisonment or both.
Ans to Ques : Failure to file a statement of working does not affect the validity of an Indian Patent. The patent will remain in force. Further, furnishing any false information or statement which the patentee/licensee, either knows or has reason to believe to be false or does not believe to be true, is punishable with imprisonment which may extend to six months, or with a fine, or both.
Can a patent be revoked only on the ground that the form 27 is not filed regularly or that the information related to that was fabricated??
What's the answer please let me know 😅
So as per my thinking, u/s 85- revocation of patent by the controller for non-working has stated three grounds. One of them is that the invention has not worked in the territory of India. Accordingly I think so this ground is sufficient for revoking the patent. Please confirm my understanding @Abhay_sir.
@@Omnamahshivay-k9c Unfortunately, your reading of section 85 is not appropriate. Section 85 is only applicable when a CL has been granted for a patent and then if the patent is still not worked in India (after 2 years), such revocation can be availed.
I am not happy!! Even after providing the grounds for Pre, Post and U/65 revocation in such a unique manner, we are still confused? When did we talk about S146 while discussing grounds!! 🙂
@@AbhayPorwal I'm really sorry sir, I got confused a bit.
@@AbhayPorwal thank you for confirming, I'll read those provisions one more time in depth. 🙏