July 21, 2025 by Sarika Kumari
In India, patents are not granted as private monopolies to sit unused—they are intended to benefit society through practical application. That’s where Patent Form 27, formally known as the Statement Regarding the Working of the Patented Invention, becomes essential.
Form 27 is a mandatory statutory form that every patentee and exclusive licensee must periodically file with the Indian Patent Office (IPO). It declares whether a granted patent has been worked—meaning used, licensed, or commercialized—within the territory of India.
It’s not merely a bureaucratic requirement—it’s a powerful tool that:
Enforces accountability on patent holders
Helps the government assess the public utility of patented inventions
Plays a key role in the grant or denial of compulsory licenses
Serves as a compliance checkpoint for IP enforcement and litigation
The purpose behind this disclosure is deeply rooted in public policy. It ensures that patent rights in India are used responsibly and productively, not just as legal shields to block competitors or hoard innovation.
To verify if the patented invention is being commercially worked in India
To prevent misuse of patents as tools of suppression or anti-competitive control
To help identify cases where compulsory licensing may be warranted (under Section 84)
To foster transparency and public interest, particularly for essential sectors like pharmaceuticals, biotech, and medical devices
"Form 27 turns your patent from a legal certificate into a declaration of impact."
| Provision | Explanation |
|---|---|
| Section 146(2) of the Patents Act, 1970 | Empowers the Controller to require statements on how a patent is being used |
| Rule 131 of Patent Rules, 2003 | Specifies Form 27 as the required format for filing such statements |
| Patent (Amendment) Rules, 2024 | Introduced relaxed timelines and filing frequency to reduce compliance burden |
| Section 122 | Imposes penalties for non-compliance, false information, or non-filing |
India's 2024 amendments to the patent rules introduced significant reforms to Form 27 filing, particularly to ease compliance for startups, individuals, and SMEs, and align India with global IP norms.
| Aspect | Previous Rule | New Rule (2024) |
|---|---|---|
| Filing Frequency | Annually (once every financial year) | Once every three financial years |
| Filing Deadline | Within 3 months of the end of each FY | Within 6 months from the end of the third financial year |
| Applicability | Mandatory for all patents | Still mandatory—but relaxed and simplified |
If a patent was granted in FY 2022–23, the applicable 3-year block is FY 2022–23 to 2024–25. The Form 27 must be filed by 30th September 2025.
Form 27 requires specific, structured information. Here's a detailed breakdown of each section:
| Field | What to Include |
|---|---|
| Patent Number & Title | Basic identification details of the patent |
| Worked / Not Worked | Declare if the patent has been commercially exploited in India |
| If Worked | Provide estimated revenue, turnover, or value generated in India |
| If Not Worked | Give reasons—such as ongoing R&D, lack of market, regulatory delay, etc. |
| Steps for Working | If not worked, mention planned steps to begin working in the future |
| Declaration & Signature | Affirmation by patentee or exclusive licensee; can be filed jointly if shared |
Even if a patent has multiple co-owners or licensees, only one Form 27 is required per patent per 3-year cycle.
Non-compliance with Form 27 is not just a regulatory slip-up—it’s a legal liability. Here's what can go wrong:
| Risk | Impact |
|---|---|
| Statutory Penalty | Up to ₹1,00,000 under Section 122 of the Patents Act |
| Weakened Enforcement | You may lose the right to claim damages in infringement lawsuits |
| Compulsory Licensing | Non-working opens the door for third parties to apply for licenses |
| Reputational Harm | Investors, partners, or acquirers may see it as a sign of dead IP |
Filing Form 27 is one of the key thresholds checked during IP due diligence in M&A and startup funding rounds.
| Scenario | How to File |
|---|---|
| Patent worked commercially | Mark as “Worked” and declare approximate revenue or market value |
| Patent in trials/R&D phase | Mark “Not Worked”; mention progress like clinical trials or prototyping |
| Exclusively licensed patent | Licensee files the form or both parties file jointly |
| Patent unused or inactive | File with genuine reasons, such as regulatory barriers or lack of demand |
| Technology exported only | Still mark “Not Worked” in India; export does not count as working locally |
Filing is done online via the e-filing portal of the Indian Patent Office.
👉 https://ipindiaonline.gov.in/epatentfiling
Log in to the e-filing system using your patent agent or applicant credentials
Select the appropriate patent from your portfolio
Fill out Form 27 with relevant data
Upload supporting documents (if required)
Sign and submit electronically
Form 27 is submitted in electronic form only—no physical submission is accepted.
Filing Form 27 is not optional and definitely not trivial. It reflects your patent’s real-world impact, shapes enforcement rights, and influences regulatory and licensing outcomes.
Ensures your patent remains valid and enforceable
Protects against compulsory licensing threats
Enhances transparency and strengthens public interest alignment
Avoids legal and financial penalties for non-compliance
Demonstrates to investors, partners, and regulators that your innovation matters
With the 2024 amendments, Form 27 is now easier and less frequent—but skipping it can still cost you dearly.
Once every three financial years, instead of annually.
Within 6 months from the end of the third financial year.
For example, if your cycle ends in FY 2024–25, you must file by 30th September 2025.
File Form 27 with honest reasons under the “Not Worked” category and include any ongoing efforts to commercialize.
The patentee or exclusive licensee. If jointly owned, only one filing is needed.
Yes. Use the IP India e-filing portal. No offline filing is accepted.