Patents Act, 1964
|
Search for anticipation by previous publication. |
12.—(1) Subject to the provisions of the last foregoing section of this Act, an examiner to whom an application for a patent is referred under this Act shall make investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been published before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in the State. | |
(2) The examiner shall, in addition, make such investigation as the Controller may direct for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been published in the State before the date of filing of the applicant's complete specification in any other document. | ||
(3) The examiner shall, in addition, consider any information furnished in pursuance of subsection (6) of section 7 of this Act and any evidence furnished in pursuance of subsection (6) of section 8 of this Act. | ||
(4) If it appears to the Controller that the invention, so far as claimed in any claim of the complete specification, has been published as described in subsection (1) or subsection (2) of this section, or if he is not satisfied by the information and evidence referred to in subsection (3) of this section that the invention so claimed has not been published before the date of the complete specification in any specification filed in an office prescribed under paragraph (a) of subsection (6) of section 8 of this Act, he may refuse to accept the complete specification unless the applicant either— | ||
(a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which any relevant document or prescribed specification, as the case may be, was published, | ||
(b) furnishes further evidence to the satisfaction of the Controller in pursuance of subsection (6) of section 8 of this Act, or | ||
(c) amends his complete specification to the satisfaction of the Controller. | ||
(5) An appeal shall lie from any decision of the Controller under this section. |