Anything published or available in the public domain as a document or blog or patent or journal or commercial product relating to the claims of a patent application are called “Anticipations by Previous Publication” If the claim of an invention was published after any patent application made in India before 1 January 1912 it shall…
If any invention is disclosed to the government or its authorized officials for the purpose of investigation / by request from Government or for Competition even before filing the patent application, that disclosure or communication will not be considered as an Anticipation.
Any invention applied for patent by a Complete Specification, though displayed in public places such as exhibitions, industrial fairs before applying for patent will not be considered as an anticipation only if, the invention is displayed or the description of the invention is published by the original inventor or by anyone after obtaining the consent…
It will not be considered as anticipation, if an invention was used or worked publicly in India by the original inventors or by anyone with the consent of the original inventors for the purpose of trial and if it was by necessity that the invention had to be used in that situation during the period…
If an invention is used or displayed in the public view after a provisional patent application is filed (usually one year period before filing a complete patent application) that disclosures will not be considered as anticipations. Provided the disclosure should be made carefully limiting within the claims of the complete specification and as crisp as…
Apart from those exclusions mentioned in sections 29, 30, 31 and 32. Any other disclosure by any means will be considered as anticipations without any deviation.
After the secrecy directions are revoked by the Controller even if the time for executing certain tasks have crossed the preassigned time limits the Controller at his discretion shall extend the time for doing anything as per the Act pertaining to the application.
Indian residents shall not apply for a patent in a foreign country without the prior written and approved permission of the Controller. Applications for grant of patent shall be applied to foreign countries only if, an Indian Patent Application is filed at least 6 weeks before filing the foreign application. no direction of secrecy is…
If any person contravenes with the section 35 and 39 regarding the law on secrecy enforcement by the Central Government of India and files for a patent grant outside India with prior permission in all manners; he may be imprisoned for a minimum of two years or shall be imposed with a fine or both…
No information shall be hidden or held with the Controller of information regarding the complete specification of the Patent application from the Central Government given for examination and taking decision whether an order of secrecy should be made or revoked.