Section 35 Patents Act 1970 deals with SECRECY DIRECTIONS. The Controller may direct an application be kept secret where:
Athe invention is relevant for DEFENCE PURPOSES (and the Controller, after consideration of recommendations by Central Government, gives directions for prohibition or restriction of publication)
Bthe application has been filed in foreign countries already without permission (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35)
Cthe inventor has not paid the prescribed filing fees in full (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35)
Dthe invention pertains to any non-essential consumer product in market (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35) (cf. Patents Act 1970, Section 35)
Answer & Solution
Correct answer: A. the invention is relevant for DEFENCE PURPOSES (and the Controller, after consideration of recommendations by Central Government, gives directions for prohibition or restriction of publication)
1. Section 35(1) Patents Act 1970: 'Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information to any person or class of persons specified in the directions.'
2. Section 35(2): the Controller shall give notice of directions to Central Government.
3. Section 36: orders may be reviewed at intervals not exceeding 6 months.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 35_
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