hello everyone
acc to sec 35(3) of the patents act,1970
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 the 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 Governmentand accordingly the controller ahall give notice to the central goverment of the directions issued by him.
my question is that if in case the central goverment notifies the contoller for imposing sect 35 after the publication(as its written...any time before the grant).....then what will be the use as the invention intended to kept secret has already been made available to masses due the publication
thank you!
