Section 37:
Consequences of secrecy directions.
(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patent, but the application and the specification found to be in order for grant of the patent shall not be
published, and no patent shall be granted in pursuance of that application.]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.
Notes:
1. Subs. by s. 30, ibid., for "to accept" (w.e.f. 1-1-2005).
2. Subs. by Act 15 of 2005, s. 30, for the proviso (w.e.f. 1-1-2005).
3. Subs. by s. 30, ibid., for "is accepted" (w.e.f. 1-1-2005).