ANTICIPATION

The Controller shall not grant a patent if the result would be to stop a prior use of the invention from continuing to use. However there are certain exceptions to this as are contained in sections 29 to 33. According to these section, an invention claimed in a complete specification shall not he deemed to have been anticipated by reason only:

            (i) that the invention was published in a specification filed in pursuance of an application for a patent made in India before January 1, 1912; or

            (ii) that the invention was published before the priority date of the relevant claim of the specification;

            (iii) of the communication of the invention to the government to investigate the invention or its merits;

            (iv) of the display of the invention with the consent of the true and first inventor at an industrial or other exhibition;

            (v) that at any time within 1 year before the priority date of the relevant claim of the specification, the invention was publicly worked in India;

            (vi) that any matter described in the provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification.