(i) This Ordinance may be called the Indian Patents and Designs (Amendment) Ordinance, 1968.
(2) It shall come into force on the 10th day of July, 1968.
2. During the period of operation of this Ordinance, the Indian Patents and Designs Act, 1911 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in section 3. i
3. In the principal Act, after section 78A, the following sections shall be inserted, namely: — '78B. (1) Where, in respect of an application, whether made before or after the commencement of the Indian Patents and Designs (Amendment) Ordinance, 1968, for a patent, it appears to the Controller that the invention is relevant for defence purposes, he may, notwithstanding anything contained in the foregoing provisions of this Act, at any time before the grant of the patent omit to do or delay the doing of anything which he would otherwise be required to do in relation to the application and also, by order, prohibit or restrict,—
(i) the publication of information with respect to the subject-matter of the application; or
(fi) the communication of such information to particular persons or classes of persons.
(2) Where the Controller issues 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, on 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) The question whether an invention in respect of which directions have been issued under sub-section (1) continues to be relevant for defence purposes, shall be reconsidered by the Central Government within nine months from the date of issue of such directions and thereafter at intervals not exceeding twelve months, and if, on such reconsideration, it appears to the Short title and commencement.
Acta of 1911 to be temporarily amended.
Insertion of new sections 78B, 78C ySDand
78E.
Special provision* relating to applications relevant for defence purposes.
Stc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 423 Central Government that the publication of the invention would no longer be prejudicial to the defence of India, it shall forthwith give notice to the Controller accordingly and the Controller shall thereupon revoke the directions previously issued by him.
(4) The result of every reconsideration under sub-section
(3) shall be communicated to the applicant within such time and in such manner as may be prescribed.
(5) Any directions issued under rule 47 of the Defence of India Rules, 1962, in respect of an application for a patent for an invention such as is referred to in sub-section (2), and in force immediately before the commencement of the Indian Patents and Designs (Amendment) Ordinance, 1968, shall, in so far as such directions are not inconsistent with the provisions of this section, be deemed to have been issued under that sub-section and accordingly the provisions of this section shall, so far as may be, apply to such application.