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

The Controller considers that an invention in a pending application by Rudra Defence Tech is relevant for defence purposes and gives directions restricting publication. The Controller must then notify the Central Government. What does the Central Government do under section 35?

The Central Government considers whether publication would prejudice India's defence. If it finds publication would not be prejudicial, it notifies the Controller, who must then revoke the directions and inform the applicant. Section 35(2) provides this review, so confirmation is not automatic.

  1. AIt must confirm the directions permanently without review
  2. BIt considers whether publication would prejudice the defence of India; if not, it notifies the Controller, who revokes the directionsCorrect
  3. CIt transfers the application to the applicant's State Government
  4. DIt grants the patent itself

Explanation

Section 35(2) requires the Controller to give notice of the application and directions to the Central Government. The Government considers whether publication would be prejudicial to the defence of India. If not, it notifies the Controller, who revokes the directions and informs the applicant. Permanent confirmation is not mandated.

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