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Section 37 – The Patents Act,1970

The Patents Act,1970

Section 37. Consequences of secrecy directions

(1) So long as any directions under section 35 are in force in respect of an application

(a) the Controller shall not pass an order refusing 1[to grant] the same; and

(b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof:

2[PROVIDED that the application may, subject to the directions, proceed upto the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application.]

(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 3[is found to be in order for grant of the patent] during the continuance in force of the directions, then

(a) if, during the continuance in force of the directions; any use of the invention is made by or on behalf of, or to the order of the government, the provisions of sections 100,101 and 103 shall apply in relation to that use as if the patent had been granted for the invention; and

(b) if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances.

(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force.

——————–

1. Substituted for “to accept” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

2. Substituted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

3. Substituted for “is accepted” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

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The Patents Act,1970

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