13. Search for anticipation
by previous publications and by prior claim.- (1)
The examiner to whom an application for a patent is referred
under section 12 shall make investigation for the purpose
of ascertaining whether the invention so far as claimed in
any claim of the complete specification-
(a) has been anticipated by publication before the date of
filing of the applicant's complete specification in any specification
filed in pursuance of an application for a patent made in
India and dated on or after the 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification
published on or after the date of filing of the applicant's
complete specification, being a specification filed in pursuance
of an application for a patent made in India and dated before
or claiming the priority date earlier than that date.
*[(2) The examiner shall, in addition, make such investigation
for the purpose of ascertaining whether the invention, so
far as claimed in any claim of the complete specification,
has been anticipated by publication in India or elsewhere
in any document other than those mentioned in sub-section
(1) before the date of filing of the applicant's complete
specification.]
(3) Where a complete specification is amended under the provisions
of this Act before **[the grant of a patent], the amended
specification shall be examined and investigated in like manner
as the original specification.
(4) The examination and investigations required under section
12 and this section shall not be deemed in any way to warrant
the validity of any patent, and no liability shall be incurred
by the Central Government or any officer thereof by reason
of, or in connection with, any such examination or investigation
or any report or other proceedings consequent thereon.
*[Modified by Patents (Amendment) Act, 2002, section 11]
**[Substituted by Patents (Amendment) Act, 2005, section
13]
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