Secrecy Directions and Foreign Filing

Transcript

secrecy secrecy refers to the provisions under the patents Act where the controller in the interest of certain in the interest of the central government is entitled to maintain an application in the unpublished mode it remains unpublished and also pass some directions to keep it in the secret mode now secrecy directions are issued under Section 35 then the invention has some relevance for defense purposes the controller can give a direction to prohibit or to restrict the publication of information and the notice of the application in give notice of the application and the direction to the central government so he gives the direction to stop it and the central government has informed the central government if it finds prejudicial to the defense of India it can maintain the secrecy provision or it can revoke the directions if no directions are given by the controller then the circle government will notify the controller to that effect now the secrecy directions are periodically reviewed and the directions may be reconsidered by the central government at intervals of six months or is their applicants makes a request it can be reconsidered the directions can be revoked if there is nothing prejudicial to the defense of the nation how or they can be removed if there is a foreign publication that happens by way of some activity other than what happens in India so it's anyway published outside India so that's a ground for the secrecy direction to be revoked the result of reconsideration is that within 15 days of the receipt of the notice by the controller there has to be some review some some action within that time period now the consequences of section 37 is that during the pendency of the secrecy directions the controller can refuse or refuse grant of a patent he cannot refuse grant of a pattern the order passed by the controller is not appealable and the application shall proceed to the stage of the grant which means it can go to everything within the office but if it is found to be in order as long as there is a secrecy direction it is not published so the objective of the secrecy direction is not to stall prosecution it is not to stall prosecution it is to ensure that the information pertaining to that application does not come into the public domain because understand every application would normally get published within an 18-month period or if an application applicant takes a request for publication it is published even earlier but when the controller feels that there is something that could affect the defense of the country he could impose these secret provisions or secretive secrecy directions can be imposed then when that information should or there is a fear that that information if it gets into the public domain can be detrimental to the national interest the consequences the complete specification file for application where a syphilis territory is given the controller can this government can by an order take over the invention there is work for common use under Section 101 803 that could be one consequence of the patent or because the delay affects the right of the applicant there could be some solution some kind of a compensation give it to the controller so these are the two things when a secrecy direction is imposed and and the government feels that that invention has to be put off or coming to you so these are two ways in which the government can remedy there is no renewal fee that applicant is required to play during the pendency of the secrecy provisions the controller may extend the time during the secrecy provision the controller may extend the time for anything that is required to be done under the Act so there is no this is a kind of a moratorium given by the so if there is something that the applicant needs to do under the Act and because of the secrecy pollution he or she is not able to do it then the controller will allow a moratorium over all the things because it was due to the act of the office Patent Office that the thing could not be done okay and and the extension of time shall not be more than the period of the secrecy direction so whatever extension the controller allows moratorium the controller games should be within the period of the sickness in actions now we have a provision where a person who is resident in India is required to make an application in India first that's a requirement now if the person needs to make an application outside India before he finds an application in India then he needs to the taker permission this is called the foreign filing license the foreign filing license is mentioned in form 25 the application form patent if it is made in India then six week six weeks before the foreign application then the no secrecy action is required because after six weeks the applicant can file is for an application and the foreign filing license will be granted only when the person wants to or will be fine only when a person wants to first file the application abroad before he files it in India now the controller can discuss the disposed such applications in 21 days as but there are exceptions in the case of defence as we saw in secrecy directions and applications pertaining to atomic energy now what happens when an applicant contravenes directions under 35 or the requirement under 39 35 pertains to secrecy directions 39 what is taking foreign permission for filing the application is deemed to be abandoned the patent if it is grant us granted is it like a liable for revocation and the directions issued under this chapter which is chapter seven are not appealable there's no appeal against these directions and there is also punishment up to two years and/or fine and the punishment is described in Section 118 of the Act