Section 13 – THE PATENTS ACT, 1970

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 such investigation 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 the
grant of 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.

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