Section 35 of the Indian Patents Act 1970 (Secrecy directions relating …)

Section 35 of the Indian Patents Act 1970

Section 35 of the Indian Patents Act 1970 is about Secrecy directions relating to inventions relevant for defence purposes. It is under CHAPTER VII of the Act. CHAPTER VII is titled PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS.

(1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information ***.

(2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly.

(3) Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before 2[grant of patent] notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him.

See also  Section 214 Indian Contract Act 1872 (Agent's duty to communicate with principal)

See also:

Section 34 Indian Patents Act 1970 (No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.)

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