Novelty is one of the prime requirements of patentability. 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.
With reference to Patent laws, “anticipation” means any description of the invention, which destroys the element of novelty of the invention.
U/S 13 [Search for anticipation by previous publication and by prior claim], the examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention has been anticipated by means of claiming in any claim of the complete specification or has been published previously.
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. When examination of application takes place and examiner checks novelty of the invention, the provisions of this chapter (Section 29-33) are taken into consideration.
Important section under Chapter 6 of Indian Patents Act 1970 are as follows:
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.
Watch Video HERE (Anticipation- Term 6)
Subscribe to YouTube Channel HERE
Join India’s largest Linkedin Group: Indian Patent Agent Exam
