The Patents Act,1970
Section 13. Search for anticipation by previous publication and by prior claim
(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification
(a) has been anticipated by publication before the date of filing of the applicant’s complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January,1912;
(b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant’s complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date.
(2) The examiner shall, in addition, make an investigation [x x x] for the purpose of ascertaining, whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant’s complete specification.
(3) Where a complete specification is amended under the provisions of this Act before 1[the grant of a patent], the amended specification shall be examined and investigated in like manner as the original specification.
(4) The examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon.
COMMENTS
Prior registration of patent in another country prima facie constitutes prior publication and is liable to be rejected. Lintech Electronics (P) Ltd. v. Marvel Engineering Co. 1995 (35) DRJ 11
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1. Substituted for “it has been accepted” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
