Rule 72 of the Patents Rules, 2003
Communication of result of reconsideration under section 36(2)
Requires the Controller to tell the applicant the outcome when a secrecy direction on their invention is reconsidered by the Central Government.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Treat this page as a guide. The provision as officially published, along with the Gazette notifications that apply to it, remains the governing text and overrides any simplification here.
What this rule requires, step by step
Where an invention appears to be relevant for defence purposes, section 35 allows the Controller to direct that information about it must not be published or communicated. A secrecy direction is a heavy thing to live with. Publication stops, the ordinary progress of the application stops, the applicant cannot file abroad, and the invention cannot be talked about. Section 36 balances this by requiring the direction to be reconsidered from time to time, and Rule 72 makes sure the applicant actually hears the result.
Under section 36 the Central Government reviews whether the direction should continue, at intervals of about six months, and the applicant may also ask for a review at defined intervals. The review is done by the Government, not by the Controller, but the Controller is the applicant's point of contact. Rule 72 requires the outcome of that reconsideration to be communicated to the applicant within the short period the Rules fix, so confirm the exact number of days against the current text of the rule before relying on it.
The practical importance of this communication is easy to underestimate. It is the only signal an applicant gets about whether the freeze continues or has ended. If the direction is revoked, section 38 allows the Controller to extend the time for doing anything that the applicant could not do while the direction was in force, so that the applicant is not punished for a delay the State imposed. Knowing the exact date of revocation is what lets the applicant claim that relief.
Applicants under a secrecy direction should treat the correspondence discipline as part of the case. Keep the address for service current, keep a file of every communication received about the review, and diary the review cycles so that you can chase a result that has not arrived. If the direction is lifted, move quickly on the steps that were held up, including publication, examination and any foreign filing plans, and ask for the extensions section 38 makes available.
Why this rule matters
Applicants whose inventions have attracted a secrecy direction, typically in defence, aerospace, cryptography, sensors, propulsion and allied fields.
Throughout the life of a secrecy direction, at every reconsideration by the Central Government.
A duty on the Controller to inform the applicant of the result of each reconsideration, and therefore a reliable point from which the applicant can act.
The applicant stays in the dark, misses the moment when the freeze lifts, and loses the benefit of the extensions section 38 allows.
How it works in practice
Waiting out a secrecy direction
A small defence electronics company in Nashik files a patent application for a low-power radio module that can detect and jam a drone control link. The Office identifies it as relevant for defence purposes and a secrecy direction is issued. Publication is held back, examination does not proceed in the normal way, and the company is told it cannot pursue foreign filings. Its two founders had planned a European filing and a demonstration at a trade fair, and both plans are shelved. The direction is reconsidered by the Central Government in each review cycle, and after each review the Controller writes to the company with the outcome. For the first two cycles the answer is that the direction continues. After the third, the company receives a communication that the direction has been revoked. Because it has the dated communication, it is able to ask the Controller under section 38 to extend the time for the steps it could not take, and it restarts publication and its overseas filing plan from a defensible position.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- A secrecy direction under section 35 is not permanent; section 36 requires it to be reconsidered periodically.
- The Central Government decides on continuation, and the Controller communicates the result to the applicant.
- Rule 72 fixes a short period for that communication; verify the exact figure in the current Rules.
- The communication is the applicant's only reliable signal that the freeze has ended.
- On revocation of a direction, section 38 allows time that was lost to be extended.
Common mistakes and misunderstandings
- Assuming silence means the direction has been lifted. Nothing changes until the outcome is communicated.
- Letting the address for service go stale during a long secrecy period, so the communication reaches nobody.
- Forgetting to ask for extensions under section 38 after revocation, and then treating deadlines that expired during the freeze as lost.
Connected provisions
The Patents Rules supply procedure and the Patents Act supplies power. This page covers the procedure, and the sections that give the Controller or the applicant the underlying right or duty are grouped separately so you can move between the two.
Forms, deadlines and fees
- Section 36 requires the direction to be reconsidered periodically, at intervals of about six months, and the applicant may also seek a review at the intervals the section allows.
- Rule 72 requires the Controller to communicate the result of the reconsideration to the applicant within a short fixed period; check the current text for the exact number of days.
- After a direction is revoked, act quickly and ask for the extensions available under section 38 for steps that could not be taken while it was in force.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
We do not publish fee amounts. The First Schedule sets them, and they differ by category of applicant, such as a natural person, a startup, a small entity or another applicant, and by the mode of filing. Check the Schedule currently in force before you calculate anything. How Indian patent fees work.
Related judgments
You will not find case summaries under this heading today. Each one must pass a legal review before it appears, and that work has not been completed for this provision. If you are researching decided cases, use a law report or a court database in the meantime. How case notes are prepared.
Questions people ask about Rule 72
How will I know if my secrecy direction has been lifted?
Through a communication from the Controller. Section 36 requires the Central Government to reconsider a secrecy direction periodically, and Rule 72 requires the result of that reconsideration to be passed on to the applicant. That written communication is the moment you can rely on. Until it arrives, the direction should be treated as continuing, and you must not publish, discuss or file abroad in relation to the invention. Keep your address for service current throughout, because a long secrecy period often outlasts an office address or an agent engagement.
What can I do while a secrecy direction is in force?
Very little, and that is deliberate. The direction restricts publication and communication of the invention, so ordinary steps such as publication of the application, discussing the technology with partners, and applying for patents abroad are closed to you. Section 37 sets out the consequences that follow while a direction operates. What you can do is keep the file in order, respond to Patent Office correspondence, keep your records of the review cycles, and seek a reconsideration where the section allows. Take professional advice before doing anything that could amount to disclosure.
Do I lose deadlines that expired during a secrecy direction?
Not automatically. The Act recognises that an applicant should not be penalised for a delay imposed by the State. Section 38 allows the Controller, where a secrecy direction is revoked, to extend the time for doing anything that the applicant was prevented from doing while it was in force. This is why the dated communication under Rule 72 matters so much: it fixes the point from which the extension is measured. Raise the request promptly after revocation rather than assuming the extension will be applied by itself.
Is a secrecy direction holding up your patent?
MYCrave Consultancy tracks section 36 reviews, follows up on outcomes and files for the extensions available once a direction is revoked.
You will be speaking with MYCrave Consultancy & Services, the firm that operates this platform. General questions are answered free; matter‑specific work is quoted before anything is done.