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(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.
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1. The words "to any person or class of persons specified in the directions" omitted by Act 38 of 2002, s. 19 (w.e.f. 20-5-2003).
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2. Subs. by Act 15 of 2005, s. 28, for "acceptance of complete specification" (w.e.f. 1-1-2005).
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