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RTI request to Indian Patents Office for Form 27 (Statement of Working of patents), 2015

The Centre for Internet and Society filed this request under the Right to Information Act in 2015 as part of research for the paper: Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance (July 2017). We sought Form 27 (also known as Statements of Working) pertaining to randomly selected patents found in our patent landscaping study. These forms were not available on the online public databases, InPASS and IPAIRS, at the time of the filing the RTI request. Research assistance was provided by intern Nayana Dasgupta.

This was our first RTI request filed with the Controller General of Patents, Designs and Trade Marks for the research on practices and compliance of patent holders to the Form 27 requirement. The response contained generic instructions about how to download Form 27 from the publicly-accessible online databases. The IPO also stated that, “The desired information relates to about 1700 patents for all the years, to supply and trace out the information physical form requires huge humane resource and need to divert the office staff for some days which would hampers the day-todays- official work therefore, the information is proactively disclosed in the office website for the public”.

We subsequently filed another RTI request with the Indian Patents Office while limiting the number of patents to 61. (View the application and response here).

Text of the application and IPO's response

(View a scanned copy of the application here and the response here)

10 June 2015

To
Central Public Information Officer
Office of the Controller General of Patents, Designs, and Trade Marks
Boudhik Sampada Bhawan
Near Antop Hill Post Office, S.M. Road,
Antop Hill, Mumbai - 400037

Dear Sir/ Madam,

Subject: Request for information under section 6 of the Right To Information Act, 2005; regarding Form 27 submissions for patents

  1. Full name of the applicant: Ajoy Kumar
  2. Address of the applicant: 194, 2nd C Cross, Domlur 2nd stage, Bangalore 560071
  3. Details of the information required: Please consider this an application under Section 6 of the Right To Information Act, 2005. This is an application for three pieces of information.

Firstly, you are requested to provide us with the Form 27 submissions for all the following patents for all the years for which they are available.

Secondly, we also request a record of all the years for which such Form 27 submissions have not been made for each of the patents listed here.

Thirdly, we request a record of all the patents among those listed here which do not have a single Form 27 submission from the year of application/ grant.

In the event that you do not possess these documents, please transfer this application to the concerned authority within five days of its receipt and inform us of the same; as mandated under Section 6(3) of the Act.

[List of patent numbers]

*************************************************************

Response from the IPO (reproduced verbatim)

Government of India

Patent Office, Boudhik Sampada Bhavan

S.M. Road, Near Post Office,

Antop Hill, Mumbai 400037, India

Email: [email protected]

Website: www.ipindia.nic.in

No. RTI/Mum/38

Date: 17/06/2015

To,

Shri Ajoy Kumar,

194, 2nd C Cross,

Domlur 2nd Stage

Bangalore - 56007

Sub: Supply of information sought under RTI Act - reg.

Sir,

With reference to your application under RTI, dated 15.06.2015, wherein the information sought for form 27 details (commercial working of patent) for all the years for about 1700 patents application.

Reply:

a)    The requested information can be had from the office website for the filing of form 27 www.ipindia.nic.in,, go to http;//ipindiaservices.in/workingofpatents/

b)    Pelase see the print screen from where one can access the desired information

[Screenshot from ipindiaservices.gov.in/workingofpatents]

c)    Or the desired information also can be obtained under section 153, Rule.27 of the patents Act and Rules, as the information can be inspected the physical records under the Act.

d)    The desired information relates to about 1700 patents for all the years, to supply and trace out the information physical form requires huge humane resource and need to divert the office staff for some days which would hampers the day-todays- official work therefore, the information is proactively disclosed in the office website for the public.

[Screenshots from ipindiaservices.gov.in/workingofpatents]

Thanking you,

Yours faithfully

(N. Ramchander)

Astt. Controller of Patents & Designs

& CPIO, Patent Office, Mumbai

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Rohini Lakshané

Rohini Lakshané is a technologist by training, a public policy researcher and a Wikimedian. She has worked on several research and advocacy projects on the intersection of technology, policy, and civil liberties. Her body of work encompasses diverse territories such as the application of technology and policy to solve issues of gender inequity, violence and discrimination; access to knowledge; openness; patent reform; making tech spaces diverse and inclusive; and the cross-hairs of gender, sexuality and the Internet. In 2014 and 2015, Rohini served on the jury of The Best of Blogs, an international award honouring excellence in online activism, instituted by German broadcaster Deutsche Welle. In a previous avatar, Rohini worked as a technology journalist and editor in the print and web domains, ferreting out stories on human interest and online civil liberties. Rohini tweets @aldebaran14.