Key terms of Patent Act Term #6: Anticipation

1. Term #6
Anticipation
u/s 13 & 29-34 of
Indian Patents Act 1970
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker

2. • The action of anticipating something;
expectation or prediction
• Any description of the invention,
which destroys the element of novelty
of the invention.
Anticipation

3. • An invention is considered to be not
patentable if the claimed subject matter
was disclosed before the date of filing or
before the date of priority.
• The word “Anticipation” means a prior
action that takes into account or forestalls
a later action or visualization of a future
event or state.
Anticipation

4. SECTION - 13 SECTION - 29-34

5. S 13: Search for anticipation by
previous publication and by prior claim
• The examiner makes investigation
to ascertain whether the invention
has been anticipated by means of
claiming in any claim of the
complete specification or has been
published previously.
• PATENT
• PUBLICATION

6. Chapter 6 - Anticipation
Deals with certain exceptional acts,
wherein even if the invention is
disclosed before the priority date, but
still not deemed to be anticipated.

7. Section 29: Anticipation by
previous publication
Section 30: Anticipation by
previous communication to
Government
Section 31: Anticipation by public
display, etc
Section 32: Anticipation by public
working
Section 33: Anticipation by use and
publication after provisional
specification
Section 34: No anticipation if
circumstances are only as
described in Sections 29, 30, 31and
32.

8. Anticipation by previous
publication - S. 29
• A prior publication of an invention before its priority
date will not be deemed as anticipation if the patentee
or the applicant proves that the matter was obtained
from him, and that the publication was done without
his knowledge.
• The application for patent was made immediately after
learning that the publication had happened.
• It is deemed to be NOT anticipated

9. • Ananya has an invention.
• Sheela published it in a journal of which
Ananya is not aware.
• On getting information on the publication,
Ananya immediately files a patent
application.
• Such invention is not considered
anticipated.
Anticipation by previous
publication - S. 29

10. Anticipation by previous
communication to Government
S. 30
• Government can investigate the invention
and if such investigation is done before
priority date of the patent, it is not
considered to be anticipated.
• If invention is communicated to the
Government to investigate the invention or
its merits
It is deemed to be NOT anticipated
Chapter 6, S. 30

11. Anticipation by public display,
etc - S. 31
If the invention has been displayed or used
with the consent of the true and first
inventor 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.
It is deemed to be NOT anticipated

12. Anticipation by public display, etc -
S. 31
If 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 within 12 months after the opening of
the exhibition or the reading or publication of the
paper.
It is deemed to be NOT anticipated

13. Anticipation by public working
- S. 32
• An invention related to use of coal
combustion products for construction of
better roads can’t be tested or
experimented in laboratory.
• An invention claimed in a complete
specification is worked publicly & if the
application for a patent has been filed by
the applicant within 1 year.
• It is deemed to be NOT anticipated

14. Anticipation by use and publication
after provisional specification - S. 33
• 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.
• When complete specifications are
filed for the same invention that
claims priority from the provisional
application filing.
• It is deemed to be NOT
anticipated

15. Anticipation by use and
publication after provisional
specification - S. 33
• Dhruv files provisional application: 24th
June 2009
• Complete specification: 22nd June 2010
• He claims priority from the filing of
provisional specifications.
• The invention of Dhruv shall not be
considered anticipated if he uses or
publishes his invention after filing the
provisional application.

16. No anticipation if circumstances
are only as described in Sections
29, 30, 31 and 32 - S. 34
The Controller shall not refuse to
grant a patent, and a patent shall
not be revoked or invalidated by
reason only of any circumstances
which, by virtue of section 29 to
32, do not constitute an
anticipation of the invention
claimed in the specification.

17. Question
After displaying the invention in an exhibition
or reading the publication of invention, the
applicant or inventor should file a patent
application within the period of _______ to
consider his invention as not anticipated.
a. 6 months
b. 12 months
c. 24 months
d. 1 month

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