Patents Act · Chapter VII

Provisions for Secrecy of Certain Inventions

Chapter VII of the Patents Act, 1970 contains 8 sections. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

35–42

Section numbers

35Secrecy directions relating to inventions relevant for defence purposesSection 35 lets the Controller and the Central Government keep a defence-relevant patent application secret and stop it being published or shared.
36Secrecy directions to be periodically reviewedSection 36 requires secrecy directions to be reconsidered regularly and on the applicant's request, so an application is not kept secret indefinitely.
37Consequences of secrecy directionsSection 37 sets out what happens to an application while secrecy directions run, including that the grant order is held back.
38Revocation of secrecy directions and extension of timeSection 38 lets the Controller extend time limits that were missed because secrecy directions were in force, once those directions are revoked.
39Residents not to apply for patents outside India without prior permissionSection 39 stops a person resident in India from filing a patent application abroad first, unless the Controller gives written permission.
40Liability for contravention of section 35 or section 39Section 40 sets the civil price of breaking secrecy directions or filing abroad without permission: abandonment of the application and revocable patent.
41Finality of orders of Controller and Central GovernmentSection 41 makes secrecy-related orders of the Central Government and the Controller final and shuts out ordinary challenges to them.
42Savings respecting disclosure to GovernmentSection 42 preserves the Controller's power to share an application with the Government and the Government's power to use that information for defence.