Section 13 of The Patents Act, 1970, PA : Section 13: Search For Anticipation By Previous Publication And By Prior Claim

Explanation using Example

Let's imagine Mr. A has developed a new type of solar panel and files an application for a patent in India. According to Section 13 of The Patents Act, 1970:

1. The examiner will investigate if Mr. A's invention has been anticipated by any publication before the date he filed his complete specification. This means the examiner will check if there is any existing patent filed in India after January 1, 1912, that already describes Mr. A's solar panel invention.
2. The examiner will also check if Mr. A's invention is claimed in any other complete specification published on or after the date he filed his complete specification. This means if another inventor, say Mr. B, filed a patent application before Mr. A and claimed the same invention, Mr. A's patent application could be rejected.
3. In addition, the examiner will investigate if Mr. A's invention has been anticipated by any publication in India or elsewhere other than those mentioned above, before the date he filed his complete specification.
4. If Mr. A amends his complete specification before the grant of a patent, the amended specification will be examined and investigated in the same way as the original specification.
5. However, this examination and investigation do not guarantee the validity of any patent. Neither the Central Government nor any of its officers will be liable for any consequences of the examination, investigation, or any report or proceedings following it.