Section 40 – THE PATENTS ACT, 1970

Liability for contravention of section 35 or section 39

—Without prejudice to the
provisions contained in Chapter XX, if in respect of an application for a patent any person
contravenes any direction as to secrecy given by the Controller under section 35 or makes
or causes to be made an application for grant of a patent outside India in contravention of
section 39 the application for patent under this Act shall be deemed to have been
abandoned and the patent granted, if any, shall be liable to be revoked under section 64.

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