Section 35 – THE PATENTS ACT, 1970

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.
(2) Where the Controller gives any such directions as are referred to in subsection (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 grant of patent notify the Controller to that effect, and thereupon the provisions of
that sub-section shall apply as if the invention where 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.

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