Question

Under the Patents Act, 1970, which situation prevents a patent application from being published even after expiry of the prescribed period?

• A. When the applicant has filed a request for early examination
• B. When secrecy direction is imposed under Section 35
• C. When the patent has already been granted by the Controller
• D. When the applicant has requested for an extension of time

Hint:

Secrecy direction = No publication, no grant, complete bar until lifted.

Answer 1

The Correct Option is B

Step 1: Understanding secrecy directions.
Section 35 allows the Controller to impose secrecy directions when an invention is relevant for defence purposes.
Step 2: Effect on publication.
As long as the secrecy direction is in force, the patent application cannot be published—even after expiry of 18 months.
Step 3: Conclusion.
Hence, secrecy directions under Section 35 prevent publication.