Secrecy directions relating to inventions relevant for defence purposes
Section 35 of the Patents Act, 1970 deals with secrecy directions relating to inventions relevant for defence purposes. 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 The Act came into force on 01 Apr 1978.
(1) 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 1***.
(2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly.
(3) Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before 2[grant of patent] notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him.
Section 35, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 9
- s. 11A Publication of applications
- s. 11B Request for examination
- s. 36 Secrecy directions to be periodically reviewed
- s. 37 Consequences of secrecy directions
- s. 38 Revocation of secrecy directions and extension of time
- s. 39 Residents not to apply for patents outside India without prior permission
- s. 40 Liability for contravention of section 35 or section 39
- s. 64 Revocation of Power patents
- s. 118 Contravention of Secrecy provisions relating to certain inventions
Questions about Section 35
What does Section 35 of the Patents Act deal with?
Section 35 of the Patents Act is headed "Secrecy directions relating to inventions relevant for defence purposes". 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
How do I find court cases under Section 35 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 35, section 35 Patents Act, section 35 of the Patents Act. People searching for it also type patent act 35 usc and patent act 35 usc § 101. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 35 of the Patents Act, and has it changed?
9 other provisions in this corpus refer back to it.
When did Section 35 of the Patents Act come into force?
Section 35 of the Patents Act, cited as Patents Act 35, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.