(1) The Central Government may grant patents for inventions which in its opinion are for the peaceful uses of nuclear energy and radiation:
Provided that the inventions relating to activities specified in sub-section (5) of section 3, or which in the opinion of the Central Government, are sensitive in nature or having national security implications, shall not be patentable and such invention shall be deemed to have been made or conceived by the Central Government.
(2) Any person desirous of obtaining a patent in relation to an invention under this section shall make an application to the Controller under the Patents Act, 1970.
(3) If a question arises as to whether an invention is related to any of the activities specified in sub-section (5) of section 3 or is sensitive in nature or having national security implications, the Controller shall refer the application to the Central Government for seeking direction thereon.
36 of 2003.
39 of 1970.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2525 39 of 1970.
39 of 1970.
22 of 2005.
(4) The Central Government may issue directions to the Controller in relation to any patent application under this Act.
(5) Any person who has reason to believe that an invention made by him is related to nuclear energy shall communicate the Central Government of its nature and description before disclosing to any third party.
(6) Any application for a patent outside India shall be governed by section 39 of the Patents Act, 1970.
(7) The Central Government shall have the power to inspect at any time any pending patent application and specification before its acceptance and if it considers that the invention does not relate to the activities referred to in sub-section (1), issue directions to the Controller to refuse the application on that ground.
Explanation.––For the purposes of this section, “Controller” means the Controller General of Patents, Designs and Trademarks within the meaning of the Patents Act, 1970.