37. Consequences of secrecy directions
(1) So long as directions under section 35 are in force in respect of an application—
- (a) the Controller shall not pass an order refusing to grant the patent; and
- (b) no appeal shall lie from any order of the Controller passed in respect thereof:
Provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and specification found in order for grant shall not be published, and no patent shall be granted in pursuance of that application.
(2) Where a complete specification for such an invention is found in order for grant during the continuance of the directions—
- (a) if, during that time, any use of the invention is made by or on behalf of, or to the order of, the Government, sections 100, 101 and 103 apply as if the patent had been granted; and
- (b) if the applicant has suffered hardship because of the continuance of the directions, the Central Government may pay him such solatium as it considers reasonable, having regard to the novelty and utility of the invention and other relevant circumstances.
(3) Where a patent is granted in pursuance of such an application, no renewal fee shall be payable for any period during which the directions were in force.
