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 not be considered as an Anticipation.
- If still any invention with high relation to the going to be filed or filed for patent was published before filing the patent application, that will not be considered as an Anticipation, only if the new applicant proves that
- the publication was made only by him or any person related to him with his consent or
- the invention / concept was his original work but was stolen / obtained from him by someone or any person known to him and filed for patent or published to the public domain without his consent or
- the person who filed for patent learned about the invention from the inventor even before the patent was filed or
- in case of international applications through PCT, an application should be made as early as possible.
- If the invention commercially worked as a product in India before filing the patent application. But if commercial run was done by the inventor himself or by anyone who takes permission from the inventor for test purposes in business with the consent of the inventor or patent applicant then the same shall not be considered as an anticipation.
- If the invention was used or published or filed for patent by anyone else without the consent of the applicant or the original inventors after the patent was filed and / or before and after the publication of the patent application even as a consequence of any disclosure by the original inventors or patent applicants itself.