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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Dhruv Defence Systems has filed a PCT application designating India for an invention relating to the supply of arms and ammunition to a military establishment. The Central Government considers that disclosing information on it would harm India's security. Which statement is correct under the Patents Act, 1970?

The Central Government must not disclose such information and may take action, including revoking a granted patent, by Official Gazette notification where it considers this necessary for India's security. This power applies notwithstanding other provisions of the Act, and arms traffic for military supply is expressly covered.

  1. AThe Central Government must not disclose information about the application, and may even revoke a granted patent by Official Gazette notification, if it considers this necessary for India's securityCorrect
  2. BThe Controller must disclose the information on request under the information provision, since the PCT overrides national security concerns
  3. CThe Central Government may withhold the information but cannot revoke a granted patent
  4. DThe application is automatically void because the invention relates to arms

Explanation

Section 157A, which applies notwithstanding anything else in the Act, bars disclosure of information the Government considers prejudicial to India's security. It also allows action, including revocation of a patent, by notification in the Official Gazette. Traffic in arms and supplies to a military establishment falls within the explanation of security of India. The third option wrongly denies the revocation power.

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