Exhibitions and Learned Societies

1Section 31 provides for four kinds of disclosures pertaining to inventions displayed in exhibitions or disclosure made to a learned society which will not amount to anticipation of an invention, provided an application for patent is made not later than 12 months after the opening of the exhibition or disclosure made to the learned society, as the case may be. The disclosure made to a learned society may be by way of reading or publishing a paper containing a description of the invention.

2The display of an invention at such industrial or other exhibitions as notified by the Central Government under the Patents Act or the use of an invention in such exhibition will not amount to anticipation of invention. Similarly, the publication of any description of the invention consequent to a display in an exhibition or use in an exhibition will also be exempted for the purpose of anticipation. Where, consequent to such display or use in an exhibition, if an invention is used by any person without the consent of the true and first inventor, such use will not amount to anticipation of the invention.

3If an invention is disclosed pursuant to a description of it in a paper read by the true and first inventor before a learned society, or published with his consent in the transactions of such a society, such disclosure will not amount to anticipation if an application for patent is made by the true and first inventor within 12 months after such disclosure. (Patents Act 1970, s 31(d).) A learned society would include ‘any properly constituted society made up of persons seeking to promote or organise the study of specific subjects by the provision of a forum for discussion and a means of contact for those of a common interest’. (See Ralph M Parsons Co (Beavon’s) Application [1978] FSR 226, p 231.) Such a society can be expected to publish a record of their proceedings for the dissemination of information amongst its members. An abstract of a paper cited presented before a learned society may be cited as prior publication. (See Ethyl Corpn’s Patent (1963) RPC 155, p 158.)