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Section 157A of Patents Act 1970: Protection of Security of India

Section 157A (Protection of security of India) under Chapter XXIII (Miscellaneous) of the Patents Act, 1970 ⦂―

❝Notwithstanding anything contained 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 patent under this Act, which it considers prejudicial to the interest of the security of India;
  (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect.

Explanation. —For the purposes of this section, the expression “security of India” include 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 military establishment; or
 (iii) is taken in time of war or other emergency in international relations.❞



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The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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