Section 31

Anticipation by public display, etc.

The Patents Act, 1970

  • Act 39 of 1970
  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
About this Act

An Act to amend and consolidate the law relating to patents.

All sections
    An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of--
         (a) the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the use thereof with his consent for the purpose of such an exhibition in the place where it is held; or
         (b) the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid; or
         (c) the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or
         (d) the description of the invention 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,
if the application for the patent is made by the true and first inventor or a person deriving title from him 1[not later than twelve months] after the opening of the exhibition or the reading or publication of the paper, as the case may be.

Notes

1. Subs. by Act 15 of 2005, s. 26, for "not later than six months" (w.e.f. 1-1-2005).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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