Section 32 – THE PATENTS ACT, 1970

Anticipation by public working

An invention claimed in a complete
specification shall not be deemed to have been anticipated by reason only that at any time
within one year before the priority date of the relevant claim of the specification, the
invention was publicly worked in India—
(a) by the patentee or applicant for the patent or any person from whom he
derives title; or
(b) by any other person with the consent of the patentee or applicant for the
patent or any person from whom he derives title,
if the working was effected for the purpose of reasonable trial only and if it was reasonably
necessary, having regard to the nature of the invention, that the working for that purpose
should be effected in public.

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