Section 40 – Liability for Contravention of Section 35 or Section 39.

If any person contravenes with the section 35 and 39 regarding the law on secrecy enforcement by the Central Government of India and files for a patent grant outside India with prior permission in all manners; he may be imprisoned for a minimum of two years or shall be imposed with a fine or both and the patent application will be abandoned. If it is a granted patent application the grant shall be revoked.

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