If someone has received a letter from the patent office imposing secrecy u/s 35 on a application filed for patent.What would be the consequences and further actions we should take in order to advise a client??
(1)The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be re-considered by the Central Government at intervals of twelve months or on a request made by the applicant which is found to be resonable by the Controller, and if, on such re-consideration, it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controller shall thereupon revoke the directions previously given by him.
(2)The result of every re-consideration under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed.
The advice which could be given to the client is to amend the specification and claims in a order so that they become irrelevant for the defance and atomic energy. This is all about modification of claims.