Revocation of secrecy directions and extension of time
Section 38 of the Patents Act, 1970 deals with revocation of secrecy directions and extension of time. When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, The Act came into force on 01 Apr 1978.
When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired.
Section 38, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
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Questions about Section 38
What does Section 38 of the Patents Act deal with?
Section 38 of the Patents Act is headed "Revocation of secrecy directions and extension of time". When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any,
How do I find court cases under Section 38 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 38, section 38 Patents Act, section 38 of the Patents Act. 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 38 of the Patents Act, and has it changed?
Its own text turns on section 35 (Secrecy directions relating to inventions relevant for defence purposes), so none of them can safely be read on its own.
When did Section 38 of the Patents Act come into force?
Section 38 of the Patents Act, cited as Patents Act 38, 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 17 Oct 2026. This page is not a substitute for legal advice.