Consequences of secrecy directions
Section 37 of the Patents Act, 1970 deals with consequences of secrecy directions. So long as any directions under section 35 are in force in respect of an application-- (a) the Controller shall not pass an order refusing [to grant] the same; The Act came into force on 01 Apr 1978.
(1) So long as any directions under section 35 are in force in respect of an application--
(a) the Controller shall not pass an order refusing 1[to grant] the same; and
(b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof:
2[Provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application.]
(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 3[is found to be in order for grant of the patent] during the continuance in force of the directions, then--
(a) if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 101 and 103 shall apply in relation to that use as if the patent had been granted for the invention ; and
(b) if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances.
(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force.
Section 37, 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.
This section refers to
- s. 35 Secrecy directions relating to inventions relevant for defence purposes
- s. 100 Power of Central Government to use inventions for purposes of Government
- s. 101 Rights of third parties in respect of use of invention for purposes of Government
- s. 103 Reference to High Court of disputes as to use for purposes of Government
Questions about Section 37
What does Section 37 of the Patents Act deal with?
Section 37 of the Patents Act is headed "Consequences of secrecy directions". So long as any directions under section 35 are in force in respect of an application-- (a) the Controller shall not pass an order refusing [to grant] the same;
How do I find court cases under Section 37 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 37, section 37 Patents Act, section 37 of the Patents Act. People searching for it also type patents act 1977 c 37. 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 37 of the Patents Act, and has it changed?
Its own text turns on section 35 (Secrecy directions relating to inventions relevant for defence purposes), section 100 (Power of Central Government to use inventions for purposes of Government), section 101 (Rights of third parties in respect of use of invention for purposes of Government), section 103 (Reference to High Court of disputes as to use for purposes of Government), so none of them can safely be read on its own.
When did Section 37 of the Patents Act come into force?
Section 37 of the Patents Act, cited as Patents Act 37, 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 18 Oct 2026. This page is not a substitute for legal advice.