•Inventions relevant for defence purposes (s. 35)
–Controller believes that the invention is such, he may prohibit or restrict the publication/ communication of information
–Controller shall inform the Cent. Govt. and the govt. after considering the application,
•If the publication is not prejudicial to the defence of India,
•Ask the controller to revoke the directions
–If the controller hasn’t given directions under sub-section 1,
•and cent. govt. is of the opinion that invention is relevant for defence purposes
•It can suo moto notify the controller to that effect and
•Then sub section 1 shall apply and the controller shall give such directions
•Secrecy directions to be periodically reviewed (s. 36)
–By the cent. govt. every six months or on a reasonable request by the applicant
•Consequences of Secrecy Directions
–So long as such directions are in force,
–the controller shall not pass an order refusing to accept the application
–no appeal shall lie from the order of the Controller
However,
–the application may proceed to the stage of grant of patent but
–the application and specification are not to be published and
–no patent is to be granted
•In respect of such complete specifications
–any use of such inventions made by the Government
–provisions of ss. 100, 101 and 103 shall apply as if patent had been granted
–if it appears to the cent. govt. that applicant has suffered any hardship due to such secrecy directions, it may pay him reasonable money
–by way of solatium (compensation)
•S. 100 - (Power of Central Government to use inventions for purposes of Government)
•S. 101 (Rights of third parties in respect of use of invention for purposes of Government)
•S. 103 (Reference to High Court of disputes as to use for purposes of Government)
•Revocation of secrecy directions and extension of time (s. 38)
–When such directions are revoked,
–the Controller may grant any extension for doing anything under the Act in respect of the application
•Residents not to apply for patents outside India without prior permission (s. 39)
–Except under written permission from Controller
–a resident Indian cannot make an application outside India for defence related inventions unless
•he has first applied in India at least six weeks before and
•either no secrecy directions have been passed or if passed, they have been revoked
–Controller believes that the invention is such, he may prohibit or restrict the publication/ communication of information
–Controller shall inform the Cent. Govt. and the govt. after considering the application,
•If the publication is not prejudicial to the defence of India,
•Ask the controller to revoke the directions
–If the controller hasn’t given directions under sub-section 1,
•and cent. govt. is of the opinion that invention is relevant for defence purposes
•It can suo moto notify the controller to that effect and
•Then sub section 1 shall apply and the controller shall give such directions
•Secrecy directions to be periodically reviewed (s. 36)
–By the cent. govt. every six months or on a reasonable request by the applicant
•Consequences of Secrecy Directions
–So long as such directions are in force,
–the controller shall not pass an order refusing to accept the application
–no appeal shall lie from the order of the Controller
However,
–the application may proceed to the stage of grant of patent but
–the application and specification are not to be published and
–no patent is to be granted
•In respect of such complete specifications
–any use of such inventions made by the Government
–provisions of ss. 100, 101 and 103 shall apply as if patent had been granted
–if it appears to the cent. govt. that applicant has suffered any hardship due to such secrecy directions, it may pay him reasonable money
–by way of solatium (compensation)
•S. 100 - (Power of Central Government to use inventions for purposes of Government)
•S. 101 (Rights of third parties in respect of use of invention for purposes of Government)
•S. 103 (Reference to High Court of disputes as to use for purposes of Government)
•Revocation of secrecy directions and extension of time (s. 38)
–When such directions are revoked,
–the Controller may grant any extension for doing anything under the Act in respect of the application
•Residents not to apply for patents outside India without prior permission (s. 39)
–Except under written permission from Controller
–a resident Indian cannot make an application outside India for defence related inventions unless
•he has first applied in India at least six weeks before and
•either no secrecy directions have been passed or if passed, they have been revoked
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