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 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:
Provided that the application may, subject to the directions, proceed up to 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of the patent shall not be published, and no patent shall be granted in pursuance of that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 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.
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