Indian Patent Act, 1970

Chapters 6 and 7

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

Dictionary Meaning:

j A prior action that takes into account or

forestalls a later action
j Visualization of a future event or state

Meaning w.r.t. to Patents:

j Any description of the invention which

destroys the element of novelty of the
invention

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ection 29: Anticipation by previous publication

1. If published before the 1st day of January 1912

2. A publication before priority date will not be deemed as anticipation if

the patentee or the applicant proves that:

a. matter was obtained from him or the inventor or assignor and

b. publication was done without their knowledge, and
c. application for patent was therefore made immediately after learning
that the publication had happened.

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ection 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.
6

Commercially worked: from 20th June 2008
Priority date: 15th Aug 2009
6nvention 6 ANT6 6PATED

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 ection 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.

j Ñ is true and first inventor for the invention and files compete specification on

th July .
j Y files application for same invention on
th Dec 
j Invention of Ñ 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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ection 30: Anticipation by previous communication to Government

j ×overnment can investigate the invention and if such investigation is

done before priority date of the patent, it is not considered to be
anticipated.

j Invention claimed in the complete specification is not deemed to be

anticipated if it is communicated to the ×overnment or to any person
authorized by the ×overnment 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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ection 31: Anticipation by public display etc.
j 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
×overnment) where the invention is first displayed and published by the
applicant or used with his consent, it will not be deemed as anticipated.

j An invention claimed in a complete specification shall not be deemed to have been

anticipated if:

j (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
×overnment by notification in the Official ×azette.

j (b) Any description of the invention has been published in consequence of the
display or use of the invention at any such exhibition or
j

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ection 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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ection 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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ection 33: Anticipation by use and Publication after provisional

specification

j 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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