The Patents Act,1970
Section 35. Secrecy directions relating to inventions relevant for defence purposes
(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 1[xxx].
(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 subsection shall apply as if the invention were one of the class notified by the Central Government of the directions issued by him.
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1. Words “to any person or class of persons specified in the directions” omitted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561 (E), dt. 20-5-2003.
2. Substituted for “acceptance of the complete specification” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
