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aditya kumar
ParticipantConfusion is obvious. There are two conditions under section 13 – 1) document published before the filing date of our invention (lets assume for the sake of understanding that we are filing an application for a patent), and 2) document published after the filing date of our patent application.
Coming to Sections 18 (2) & 18 (3). The differentiating point is “priority date”.
Under section 18(2), if our patent application is anticipated by a document as referred in section 13(1)(b), then either we need to satisfy the controller that the priority date of our application is earlier than the cited document, or simply amend the complete specification.
Now, coming to section 18(3)- here our patent application is being anticipated by a document referred under section 13(1)(a), and such document is published after the “priority date” (not the filing date) of our application. The priority date is an earlier date from where a patent application takes priority so that an extended time period will be available (e.g., convention & PCT applications). So, a document as referred in section 13(1)(a) is published before the filing date of our application, but it might be published after the priority date of our application (if our application is taking priority from any other convention/pct/parent patent application.Attachments:
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