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The Anticipation Savings: Sections 29 to 34

Which earlier disclosures do not count as anticipation of an invention in India?

Under section 34, the Controller shall not refuse to grant a patent or revoke a patent if the circumstances mentioned in ss 29 to 33 alone exist.

Doctrine last updated on 1 October 2026

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The Anticipation Savings: Sections 29 to 34, Ali on Patents, www.aop.onl/anticipation-exceptions

1Sections 29 to 33 contain exceptions with regard to instances which will not amount to anticipation. The Controller shall not refuse to grant a patent or revoke a patent if the circumstances mentioned in ss 29 to 33 alone exist as the same will not bring the invention into the state of the art. (Patents Act 1970, s 34.) In other words, the power to revoke a patent on the ground of anticipation is limited to the extent expressed in s 34 of the Patents Act. (See Justice N Rajagopala Ayyangar, 'Report on the Revision of the Patent Laws', September 1959, para 570.) The Patents Act lists the categories of documents which shall be looked into for the purpose of determining anticipation under s 64(1)(e). (Patents Act 1970, s 13.)

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Doctrine page · Written by Prof. Feroz Ali

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