AIBE XX — November 2025 — Q.32 | AIBE Prep

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Q.32

Intellectual Property Laws Medium Section in Options

Bare Act Indian Contract Act, 1872

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

A When the applicant has filed a request for early examination.

✓ When secrecy direction is imposed under Section 35. Answer

C When the patent has already been granted by the Controller.

D When the applicant has requested for an extension of time.

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Explanation & Strategy

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Under Section 35 of the Patents Act, when a secrecy direction is imposed by the Controller (on directions from the Central Government for defence purposes), the patent application cannot be published. The secrecy direction overrides the normal publication timeline — even after 18 months from filing, the application remains unpublished while secrecy direction is in force.

1 Open Patents Act → Section 35 (secrecy directions for defence). This prevents publication of the application regardless of the normal 18-month timeline. Not early examination, not already granted, not time extension. Confirm option (B).

At a Glance

Subject Intellectual Property Laws

Difficulty Medium

Act Indian Contract Act, 1872

Answer (B) Section in Options

Paper AIBE XX — November 2025

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