Patents
[No. 40 of 2016
that the publication or communication of the application or the grant
of a patent and the information contained therein shall be prejudicial
to the defence of the country or the safety of the public, the Minister
shall notify the Registrar to maintain the directions in force until
notification to revoke them is given by the Minister.
(4) Where the directions, referred to in section ninety-four, are
not issued or revoked soon after notification, the Minister responsible
for defence or the Minister responsible for internal security, as the
case may be, shall review the directions, within a period of nine
months from the date of lodging of the application for the grant of
a patent or once in every subsequent period of twelve months.
(5) The Minister responsible for defence or the Minister
responsible for internal security, as the case may be, may, where it
appears that the publication or communication of an application for
the grant of a patent and the information contained therein, is no
longer prejudicial to the defence of the country or the safety of the
public, give notice to the Registrar to revoke the directions and,
subject to any conditions imposed by the Minister, extend the time
for doing anything required to be done, in accordance with this Act,
in respect of the application, whether that time had previously expired
or not.
(6) The Minister responsible for defence or the Minister
responsible for internal security, as the case may be, shall, in
determining whether or not to revoke the directions issued by the
Registrar in accordance with this section, consider the following:
(a) the application for the grant of a patent, and any documents
submitted in relation to the application before the expiry
of the period for publication of the application, as
specified in section fifty-four; or
(b) where the application for the grant of a patent contains
information relating to the production or use of atomic
energy or research into matters connected with such
production or use, authorise the National Council for
Scientific and Industrial Research or any other
competent institution to study the application and any
documents lodged with the Registrar and submit a report
to the Minister, as soon as it is practicable, on the utility
or otherwise of the invention for which a patent is being
applied for.
(7) Where it appears to the Minister responsible for defence
or the Minister responsible for internal security, or the Registrar,
that the person making an application for the grant of a patent has
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