section 35 (2)

hello everyone

acc to sec 35(3) of the patents act,1970

Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before the grant of patent notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Governmentand accordingly the controller ahall give notice to the central goverment  of the directions issued by him.

my question is that if in case the central goverment notifies the contoller for imposing sect 35 after the publication(as its written...any time before the grant).....then what will be the use as the invention intended to kept secret  has already been made  available to masses due the publication

thank you!

Adv P & H High Court Chandigarh

Publication do not contain much about invention and only a passing reference remains there and therefore secrecy is not leaked out.


thank you for your reply sir

 acc to sec 11 A (6) of patents act 1970 , the patent office may also make specification available to the public , which will be automatically resulting in the details of invention to be available to the masses

Corporate Commercial & IP Lawyer



Dear User,

Yes, i agree with Mr. Raj Kumar

For more details, Contact



Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34




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