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.
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