29. Anticipation by
previous publication.- (1) An invention claimed in
a complete specification shall not be deemed to have been
anticipated by reason only that the invention was published
in a specification filed in pursuance of an application for
a patent made in India and dated before the 1st day of January,
1912.
(2) Subject as hereinafter provided, an invention claimed
in a complete specification shall not be deemed to have been
anticipated by reason only that the invention was published
before the priority date of the relevant claim of the specification,
if the patentee or the applicant for the patent proves-
(a) that the matter published was obtained, from him, or
(where he is not himself the true and first inventor) from
any person from whom he derives title, and was published without
his consent or the consent of any such person; and
(b) where the patentee or the applicant for the patent or
any person from whom he derives title learned of the publication
before the date of the application for the patent, or, in
the case of a convention application, before the date of the
application for protection in a convention country, that the
application or the application in the convention country,
as the case may be, was made as soon as reasonably practicable
thereafter :
Provided that this sub-section shall not apply if the invention
was before the priority date of the claim commercially worked
in India, otherwise than for the purpose of reasonable trial,
either by the patentee or the applicant for the patent or
any person from whom he derives title or by any other person
with the consent of the patentee or the applicant for the
patent or any person from whom he derives title.
(3) Where a complete specification is filed in pursuance
of an application for a patent made by a person being the
true and first inventor or deriving title from him, an invention
claimed in that specification shall not be deemed to have
been anticipated by reason only of any other application for
a patent in respect of the same Invention made in contravention
of the rights of that person or by reason only that after
the date of filing of that other application the Invention
was used or published, without the consent of that person,
by the applicant in respect of that other application or by
any other person in consequence of any disclosure of any invention
by that applicant.
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