Working

A patented invention must be worked by the owner of the patent or a person authorized by him within three years from the date of publication of the grant of the patent in the Bulletin of Patents. Working of a patented invention may not be discontinued for a period of three consecutive years or longer. If a patented invention without legitimate reasons is not worked as required the same may become subject to the grant of compulsory licenses. For assessment of the working of a patented invention the market conditions will be taken into consideration.

Working of a patented invention must be proved by the owner of the patent or a licensee by an official certificate drawn up by the competent authority (e.g. Chamber of Commerce or Industry), filed with the Patent Institute and to be entered in the Patent Register. The working certificate is to be issued after an inspection of the production in the industrial establishment where the invention is worked; the certificate must confirm the working of the invention or the marketing of its subject-matter. If working of a patented invention has been attested to the Patent Institute’s satisfaction by documentary evidence, it shall be deemed worked as required unless the contrary is proved by Court action. (Importation may be relevant working, and documents proving importation may be sufficient).