Section 37 – Consequences of Secrecy Directions

Until when the secrecy directions are implied on any Patent Application

  • The Controller shall not pass any order the the applicant or the inventors refusing the grant of the patent
  • No appeals shall lie with the Controller and even if the application is eligible for grant of Patent, the application shall not be published and grant will not be issued
  • The Central Government or its appointed officials hold the complete right on the invention to apply or test or take full control of the application as if the patent is granted and as if owned by the Government of India
  • If the Central Government considers that the applicant is suffering due to the secrecy directions and other orders by the Government, the inventor/s or the applicant will be paid with a reasonable payment for the invention and for the purpose for which it was designed
  • No renewal fee shall be applicable for the patents under the secrecy directions.

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