shama (TIFAC IPR SCHOLAR) 13 January 2010

secrecy dirction u/s 35

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??

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5 Replies

Iftikhar Ahsan (Indian Patent Agent) 14 January 2010

Are you preparing for patent agent exam?

Best of Luck

Regards,

Iftikhar Ahsan

Genius Gene (Sr. Manager-IP) 18 January 2010

Client has to make a request to the controller in Form 25 if he wishes to make the same patent application outside india.

The time within which controller would dispose of the request made under Rule 71 (1) would be 21 days from the date of filing such request.

Genius Gene (Sr. Manager-IP) 18 January 2010

Under Section 41, the decision of the controller is final in this regard & cannot be questioned in IPAB or any court on any ground whatsoever.

Iftikhar Ahsan (Indian Patent Agent) 20 January 2010

nSecrecy directions to be periodically reviewed

36. Secrecy directions to be periodically reviewed

(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.

Iftikhar Ahsan (Indian Patent Agent) 20 January 2010

Dear Shama,

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.