Use and Publication After Provisional Specification

1Section 33 protects the use of an invention in India or the publication of that invention anywhere in the world made after the date of filing of the provisional specification. Such use or publication will not become a part of the state of the art and hence cannot be relied upon for the purpose of anticipation. The Controller shall not refuse to grant a patent or revoke or invalidate a granted patent on the ground that the matter disclosed in a provisional specification was used in India or published in India or elsewhere after filing such provisional specification. The section also provides for an identical protection for use and publication made after the date of application for protection in the case of a convention application. In effect, use and publication of the invention made after the priority date will not amount to anticipation.