Section 40 Indian Patents Act 1970
Section 40 of the Indian Patents Act 1970 is about Liability for contravention of section 35 or section 39. It is under CHAPTER VII of the Act. CHAPTER VII is titled PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS.
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 1[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39], or 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.
See also:
Section 39 Indian Patents Act 1970 (Residents not to apply for patents outside India without prior permission.)