Patents In India: Understanding The Requirement For ‘Working Reports’

What is a ‘Working Report’, also known as a ‘Working Statement’ in Indian patent law, and what do IP holders need to know about this requirement when filing, managing, and renewing patents in India? Eric Enderlin provides some answers.

When a company or inventor holds a patent in India, their obligations do not end with obtaining and maintaining the patent through the payment of renewal fees. Indian law also imposes a specific and often overlooked requirement: the annual declaration of patent use, known as a ‘Working Report’ or ‘Working Statement’.

This article explains in simple and practical terms what this requirement entails, who is affected and how to comply with it.

What is a ‘Working Report’?

The Working Report or Patent Working Statement is a mandatory declaration used to inform the Indian authorities about the commercial use of a patent within the country. Specifically, it involves specifying whether, in India, the patented invention is being commercially exploited (“worked”) or not being commercially exploited (“not worked”).

This requirement stems from a principle inherent in Indian patent law: to encourage the effective exploitation of inventions within the national territory.

Who must file this declaration?

This requirement applies to patent holders (patentees) and licensees, where applicable.

This requirement applies to all patents granted and maintained in force – that is, renewed through the payment of annual fee, until their expiration (20 years from the filing date).

Patents that have been abandoned (not renewed due to non-payment of the maintenance fee) are, of course, not subject to this requirement.

An obligation even without commercialisation

An important point to remember is that filing a Working Report/Statement is mandatory even if the patent is not being exploited in India.

In this case, you simply need to indicate that the patent is not being exploited and specify the reason.

Filing schedule (practical example)

For a given period, multiple reports may be required simultaneously. For example, for the Indian fiscal years 2023–2024, 2024–2025, and 2025–2026, the corresponding reports must be filed between 1 April 2026, and 30 September 2026. Each year is the subject of a separate filing.

What information must be provided?

Filing a Working Report/Statement requires providing the following information:

• Information about the patentee (name, address, nationality). This mandatory information must exactly match the details on file with the Indian Patent Office. If any changes have been made (change of company name, address, assignment), these must first be registered with the Indian Patent Office.
• Patent exploitation status: two scenarios may arise. For an exploited patent, simply indicate that it is “worked”. No additional details are required. For an unexploited patent, a reason must be provided, for example: invention under development, awaiting regulatory approval, seeking partners/licensees, or any other concise justification.
• Availability for licensing (mandatory): The patentee must indicate whether the patent is available for licensing: if yes, provide an email address and a contact number (this contact information will be accessible to interested third parties); if no, no additional information is required.
• Related patents: It is possible to group several related patents (eg, those used together), provided they belong to the same patentee.

Important details to note

The data reported in Working Reports is not confidential; it is publicly accessible on the official website of the Indian Patent Office.

Even if a patent expires, a declaration may still be required if it was in force during part of the relevant period.

No supporting documents are required when submitting a Working Report/Statement.

Why is this requirement important?

Since the Working Report/Statement is a statutory requirement, filing it on time is part of the compliance obligations for patent holders in India. Failure to comply with this requirement exposes the holder to regulatory non-compliance and may, in some cases, weaken their legal position.

Failure to file the Working Report in India may expose the patent holder to financial penalties under local law. Indian law requires the regular submission of information regarding the use of patents, and failure to file can result in fines. Even if these penalties are not systematically enforced, they serve as a legal tool available to the authorities to ensure compliance with this obligation.

Beyond the financial aspect, failure to file can weaken the owner’s position vis-à-vis the compulsory licensing mechanism. In India, a third party may request authorisation to exploit a patent without the owner’s consent if the invention is not being exploited locally or if market needs are not being met. The Working Report plays a crucial role here, as it serves to demonstrate either actual exploitation or serious efforts toward such exploitation. Without a declaration, the owner may be deprived of an important piece of evidence to defend their case.

Failure to file or inconsistencies in the reported information can also have an impact in the event of litigation. Since Working Reports are publicly accessible, they can be used by third parties in litigation to analyse a patent’s exploitation strategy. A failure to file or contradictory information can thus undermine the owner’s credibility and complicate the defence of their rights before the competent courts.

Finally, providing inaccurate or misleading information in a Working Report constitutes a legal risk. Indian law provides for penalties in the event of false statements, which requires vigilance when preparing these documents. More broadly, failure to comply with this obligation places the patent holder in a state of regulatory non-compliance, which may affect the overall management of their patent portfolio and their relations with the authorities.

Beyond their mandatory nature, Working Reports also hold strategic value for patent holders. They demonstrate the actual use of an invention within India, which can enhance the credibility and strength of an intellectual property portfolio. These declarations also help improve the portfolio’s valuation, particularly during negotiations or technology transfer transactions. Finally, by indicating the potential availability of the patent for licensing, they can help identify partnership opportunities and encourage third parties to contact the owner.

Key takeaways about Working Reports and patents in India

In conclusion, the Working Report is a mandatory requirement under Indian patent law.

It applies to all holders of valid patents, must be filed within the applicable deadlines – even in the absence of exploitation – and requires the disclosure of specific information that is made public.

Beyond this regulatory requirement, it is essential to plan ahead for the collection of necessary information and to ensure the filings are completed correctly to avoid any complications. This is particularly the case in sensitive sectors such as the pharmaceutical and medical fields, where these obligations are of particular importance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.