Section 18 of The Patents Act, 1970, PA : Section 18: Powers Of Controller In Cases Of Anticipation

The Patents Act, 1970, PA

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Explanation using Example

Imagine Mr. Smith, an inventor, has applied for a patent for a new kind of solar-powered car. Mr. Smith's application is under review by the Controller (the patent office). During the review, the Controller finds that a similar invention has been previously published in a scientific journal before Mr. Smith's application. This is a case of anticipation as per Section 18(1) of The Patents Act, 1970.

Now, Mr. Smith has two options:

  1. He can prove that the priority date of his invention...

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