Page:Patents Act 1970 (India).pdf/62

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157. Right of Government to sell or use forfeited articles

Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force.

157A. Protection of Security of India

Not withstanding anything contain in this act, The Central Government shall -

(a) not disclose any information relating to any Patentable invention or any application relating to the grant of a patent under this act, which it considers prejudicial to the interest of security of India;
(b) take action including the revocation of any patent which it considers necessary in the interest of security of India;

Provided that the Central Government shall, before taking any action under this clause, issues a notifiction in the Official Gazette declaring its intention to take such action.

Explanation - For the purpose of this section, the expression "security of India" means any action necessary for the security of India which-

(i) relates to fissionable materials or the materials from which they are derived; or
(ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a millitary establishment; or
(iii) is taken in time of war or other emergency in matter of international relations:

158. Power of High Court to make rules

The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.

159. Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:

(i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;

(ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be advertised under this Act;

(iii) the fees which may be payable under this Act and the manner of payments of such fees;

(iv) the matters in respect of which the Examiner may make a report to the Controller;

(v) the form of request for the sealing of a patent;

(vi) the form and manner in which and the time within which any notice may be given under this Act;

(vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject matter of the patent after the patent had ceased;

(viii) the establishment of branch offices of the patent office and the regulation generally of