Intellectual
Property Rights
Patents
Act, 1970
CHAPTER VI: ANTICIPATION
29. Anticipation by previous publication
(1) An
invention claimed in a complete specification shall not be deemed to have
been anticipated by reason only that the invention was published in a
specification filed in pursuance of an application for a patent made in
India and dated before the 1st day of January, 1912.
(2) Subject
as hereinafter provided, an invention claimed in a complete specification
shall not be deemed to have been anticipated by reason only that the invention
was published before the priority date of the relevant claim of the specification,
if the patentee or the applicant for the patent proves-
(a) that
the matter published was obtained from him, or (where he is not himself
the true and first inventor) from any person from whom he derives title
and was published without his consent or the consent of any such person;
and
(b) where
the patentee or the applicant for the patent or any person from whom he
derives title learned of the publication before the date of the application
for the patent, or in the case of a convention application, before the
date of the application for protection in a convention country, that the
application or the application in the convention country, as the case
may be, was made as soon, as reasonably practicable thereafter:
PROVIDED
that this sub-section shall not apply if the invention was before the
priority date of the claim commercially worked in India, otherwise than
for the purpose of reasonable trial, either by the patentee or the applicant
for the patent or any person from whom he derives title or by any other
person with the consent of the patentee or the applicant for the patent
or any person from whom he derives title.
(3) Where
a complete specification is filed in pursuance of an application for a
patent made by a person being the true and first inventor or deriving
title from him, an invention claimed in that specification shall not be
deemed to have been anticipated by reason only of any other application
for a patent in respect of the same invention made in contravention of
the rights of that person, or by reason only that after the date of filing
of that other application the invention was used or published, without
the consent of that person, by the applicant in respect of that other
application, or by any other person in consequence of any disclosure of
any invention by that applicant.
30. Anticipation by previous communication to government
An invention
claimed in a complete specification shall not be deemed to have been anticipated
by reason only of the communication of the invention to the government
or to any person authorised by the government to investigate the invention
or its merits, or of anything done, in consequence of such a communication,
for the purpose of the investigation.
31. Anticipation by public display, etc.
An invention
claimed in a complete specification shall not be deemed to have been anticipated
by reason only of-
(a) the
display of the invention with the consent of the true and first inventor
or a person deriving title from him at an industrial or other exhibition
to which the provisions of this section have been extended by the Central
Government by notification, in the Official Gazette, or the use thereof
with his consent for the purpose of such an exhibition in the place where
it is held; or
(b) the
publication of any description of the invention in consequence of the
display or use of the invention at any such exhibition as aforesaid; or
(c) the
use of the invention, after it has been displayed or used at any such
exhibition as aforesaid and during the period of the exhibition, by any
person without the consent of the true and first inventor or a person
deriving title from him; or
(d) the
description of the invention in a paper read by the true and first inventor
before a learned society or published with his consent in the transactions
of such a society,
if the
application for the patent is made by the true and first inventor or a
person deriving title from him not later than six months after the opening
of the exhibition or the reading or publication of the paper as the case
may be.
32. Anticipation by public working
An invention
claimed in a complete specification shall not be deemed to have been anticipated
by reason only that at any time within one year before the priority date
of the relevant claim of the specification, the invention was publicly
worked in India-
(a) by
the patentee or applicant for the patent or any person from whom he derives
title; or
(b) by
any other person with the consent of the patentee or applicant for the
patent or any person from whom he derives title,
if the
working was effected for the purpose of reasonable trial only and if it
was reasonably necessary, having regard to the nature of the invention,
that the working for that purpose should be effected in public.
33. Anticipation by use and publication after provisional specification
(1) Where
a complete specification is filed or proceeded with in pursuance of an
application which was accompanied by a provisional specification or where
a complete specification filed along with an application is treated by
virtue of a direction under sub-section (3) of section 9 as a provisional
specification, then, notwithstanding anything contained in this Act, the
Controller shall not refuse to grant the patent, and the patent shall
not be revoked or invalidated, by reason only that any matter described
in the provisional specification or in the specification treated as aforesaid
as a provisional specification was used in India or published in India
or elsewhere at any time after the date of the filing of that specification.
(2) Where
a complete specification is filed in pursuance of a convention application,
then, notwithstanding anything contained in this Act, the Controller shall
not refuse to grant the patent, and the patent shall not be revoked or
invalidated, by reason only that any matter disclosed in any application
for protection in a convention country upon which the convention application
is founded was used in India or published in India or elsewhere at any
time after the date of that application for protection.
34. No anticipation if circumstances are only as described in
sections 29, 30, 31 and 32
Notwithstanding
anything contained in this Act, the Controller shall not refuse to accept
a complete specification for a patent or to grant a patent, and a patent
shall not be revoked or invalidated by reason only of any circumstances
which, by virtue of section 29 or section 30 or section 31 or section
32 do not constitute an anticipation of the invention claimed in the specification.
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