an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and

either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2)

The Controller shall dispose of every such application within such period as may be prescribed:

Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government.

(3)

This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.