Patents Act, 1964
|
Further search for anticipation. |
13.—(1) In addition to the investigation required by the last foregoing section, the examiner shall make investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, is claimed in, or included in matter disclosed in the descriptive part of, any other specification published on or after the date of filing of the applicant's complete specification, being a specification filed— | |
(a) in pursuance of an application for a patent made in the State and dated before that date, or | ||
(b) in pursuance of a convention application founded upon an application for protection made in a convention country before that date. | ||
(2) If it appears to the Controller that the said invention is claimed in, or included in matter disclosed in the descriptive part of, any such other specification as aforesaid, he may, subject to the provisions of this section, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed either— | ||
(a) the applicant shows to the satisfaction of the Controller that the priority date of his claim is not later than the priority date of the claim or the matter disclosed in the descriptive part of the said other specification, or | ||
(b) the complete specification is amended to the satisfaction of the Controller. | ||
(3) If in consequence of the investigation under section 12 of this Act or otherwise it appears to the Controller— | ||
(a) that the invention, so far as claimed in any claim of the applicant's complete specification, has been claimed in, or included in matter disclosed in the descriptive part of, any such specification as is mentioned in subsection (1) of that section, and | ||
(b) that the other specification was published on or after the priority date of the applicant's claim, | ||
then unless it has been shown to the satisfaction of the Controller under that section that the priority date of the applicant's claim is not later than the priority date of the relevant claim of, or the matter disclosed in the descriptive part of, that other specification, the provisions of subsection (2) of this section shall apply as they apply in relation to a specification published on or after the date of filing of the applicant's complete specification. | ||
(4) An appeal shall lie from any direction of the Controller under this section. |