Anticipation by use and publication after provisional Specification
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 rounded was used in India or published in India or elsewhere at
any time after the date of that application for protection.
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