Publication or Use Without Consent

1Section 29 provides that the following prior publications shall not be taken into account for determining the state of the art. Section 29(1) excludes for the purpose of anticipation, applications for patents in India made before the year 1912. It provides that an invention shall not be deemed to have been anticipated if the invention is published in a specification filed before 1 January 1912. This provision is obsolete.

2Section 29(2) deals with publications made without the consent of the patentee. An invention shall not be deemed to have been anticipated if the invention was published before its priority date and the applicant of the patent or the patentee proves that the matter published was obtained and published without his consent and that the application was made as soon as he learned of the publication. The publication of such matter will not amount to anticipation provided the invention was not commercially worked in India, other than for the purpose of reasonable trial.

3Section 29(3) provides for two kinds of disclosures made against the interest of the true and first inventor which do not amount to anticipation. First, an invention claimed in a complete specification of the true and first inventor shall not be deemed to have been anticipated by reason of any other application for the same invention made in contravention of the rights of the true and first inventor. Secondly, such an invention will not be deemed to have been anticipated by reason that after the date of filing of the other application, the invention was used or published without consent of the inventor, in consequence of any disclosure made by that applicant.