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An examiner is reviewing a complete specification filed by Sunrise Textiles Ltd. For the investigation of anticipation by publication in documents other than Indian patent specifications, which statement matches section 13 of the Patents Act, 1970?

The examiner must also investigate whether the invention was anticipated by publication in India or elsewhere in any other document before the filing date of the complete specification. Section 13(2) makes this mandatory, and no Controller direction is required after the 2003 amendment.

  1. AThe examiner must also investigate anticipation by publication in India or elsewhere in any such other document before the filing date of the complete specificationCorrect
  2. BThe examiner must investigate only Indian patent specifications
  3. CThe examiner investigates only documents published after the filing date
  4. DThe examiner may skip it unless the Controller directs it

Explanation

Section 13(2) requires the examiner, in addition to the Indian specification search, to investigate anticipation by publication in India or elsewhere in any other document before the filing date. The words 'as the Controller may direct' were omitted in 2003, so the search is not dependent on a direction.

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