anticipation & secrecy directions

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1 Indian Patent Act, 1970 Chapters 6 and 7 Bindu Sharma MSc, LLB, Regd. Patent Agent. Origiin IP Solutions LLP Bangalore

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Chapter 6 and 7 of The Patents Act, 1970

TRANSCRIPT

Indian Patent Act, 1970 Chapters 6 and 7

Bindu Sharma MSc, LLB, Regd. Patent Agent. Origiin IP Solutions LLP Bangalore 1

What are not AnticipationsAnticipation Dictionary Meaning:` `

A prior action that takes into account or forestalls a later action Visualization of a future event or state

Meaning w.r.t. to Patents:`

Any description of the invention which destroys the element of novelty of the invention

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What are not AnticipationsSection 29: Anticipation by previous publication1. 2.

If published before the 1st day of January 1912 A publication before priority date will not be deemed as anticipation if the patentee or the applicant proves that: a. b. c. matter was obtained from him or the inventor or assignor and publication was done without their knowledge, and application for patent was therefore made immediately after learning that the publication had happened.

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What are not AnticipationsSection 29: Anticipation by previous publication Illustration: Sheela has an invention. Rahul published it in a journal of which Sheela is not aware of. On getting information on publication, Sheela immediately files patent application. Such invention is not considered anticipated. The invention shall not be commercially worked in India before the priority date of the claim [than for the purpose of reasonable trial] by the inventor, patentee or applicant, their assignor or assignee or some one else having their consent. Illustration Commercially worked: from 20th June 2008 Priority date: 15th Aug 2009 Invention IS ANTICIPATED

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Section 29: Anticipation by previous publication An invention claimed in an application made by the inventor or his assignee should not be deemed as anticipated by another application for patent in respect of the same invention made in contravention of the rights of that person, or its publication or use by the other applicant or any other person in consequence of its disclosure by him without the consent of the first mentioned applicant.`

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X is true and first inventor for the invention and files compete specification on 10th July 2008. Y files application for same invention on 15th Dec 2008 Invention of X is not deemed to be anticipated for the reason that his invention is published or used or disclosed by Y or any other person without his consent.

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What are not AnticipationsSection 30: Anticipation by previous communication to Government`

Government can investigate the invention and if such investigation is done before priority date of the patent, it is not considered to be anticipated. Invention claimed in the complete specification is not deemed to be anticipated if it is communicated to the Government or to any person authorized by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of investigation.

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Section 31: Anticipation by public display etc. ` If the application for the patent is made by the inventor or his assignee not later than 12 months after the opening of the exhibition (notified by the Central Government) where the invention is first displayed and published by the applicant or used with his consent, it will not be deemed as anticipated.`

An invention claimed in a complete specification shall not be deemed to have been anticipated if: (a) The invention has been displayed or used with the consent of the true and first inventor [or assignee or legal representative] 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. (b) Any description of the invention has been published in consequence of the display or use of the invention at any such exhibition or

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Section 31: Anticipation by public display etc. (c) The use of the invention, after it has been displayed or used at such exhibition 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 12 months after the opening of the exhibition or the reading or publication of the paper.

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What are not AnticipationsSection 32: Anticipation by public working This deals with public working of an invention claimed in a complete specification for reasonable trial because the nature of the invention is such that it is necessary to do so. This type of public working will not be deemed as anticipation if performed within one year before the priority date by the patentee, applicant (or assignor) or by any person with their consent.

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What are not AnticipationsSection 33: Anticipation by use and Publication after provisional specification`

Once the priority is claimed by filing provisional or convention application, the invention is not deemed to be anticipated if it is used publicly or published. And the Controller shall not consider such invention as anticipated when complete specifications are filed for the same invention that claims priority from the provisional application filing. The Controller shall not refuse to grant the patent for the reason of anticipation.

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