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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Anil Engineering filed Application A in India on 1 April. Another applicant, Bharat Motors, filed Application B on 1 July claiming the same invention, and Application A is published on 1 October after Application B is filed. Under Section 13(1)(b), what must the examiner of Application B investigate in relation to A?

The examiner must check whether B's invention is claimed in another Indian complete specification published on or after B's filing date and dated before, or claiming priority earlier than, that date. Application A, filed 1 April and published 1 October, fits this prior-claim test under Section 13(1)(b).

  1. AWhether B is claimed in any complete specification published on or after B's filing date, filed in India and dated before or claiming an earlier priority date than B's filing dateCorrect
  2. BWhether A was anticipated by publication in a foreign journal only
  3. CWhether A's specification was published before 1 January 1912
  4. DWhether Application A has been granted a patent

Explanation

Section 13(1)(b) requires the examiner to ascertain whether the invention is claimed in any claim of another complete specification published on or after the applicant's filing date, filed in India and dated before or claiming a priority date earlier than that date. A, dated 1 April and published 1 October, fits this description for B filed 1 July. Grant of A is not the test.

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