Patents Act, 1964

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Refusal of patent without opposition.

20.—(1) If at any time after the acceptance of the complete specification filed in pursuance of an application for a patent and before the grant of a patent thereon it comes to the notice of the Controller, otherwise than in consequence of proceedings in opposition to the grant under the last foregoing section, that the invention, so far as claimed in any claim of the complete specification, has been published in the State before the priority date of the claim—

(a) in any specification filed in pursuance of an application for a patent in the State, or

(b) in any other document,

the Controller may refuse to grant the patent unless within such time as may be prescribed the complete specification is amended to his satisfaction.

(2) An appeal shall lie from any decision of the Controller under this section.