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(1) The examiner to
whom an application for a patent is referred under section 12 shall make investigation for the purpose of
ascertaining whether the invention so far as claimed in any claim of the complete specification--
(a) has been anticipated by publication before the date of filing of the applicant's complete
specification in any specification filed in pursuance of an application for a patent made in India and
dated on or after the 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification published on or after the date of
filing of the applicant's complete specification, being a specification filed in pursuance of an
application for a patent made in India and dated before or claiming the priority date earlier than that
date.
(2) The examiner shall, in addition, make such investigation 1*** for the purpose of ascertaining
whether the invention, so far as claimed in any claim of the complete specification, has been anticipated
by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before
the date of filing of the applicants complete specification.
(3) Where a complete specification is amended under the provisions of this Act before 2[the grant of a
a patent], the amended specification shall be examined and investigated in like manner as the original
specification.
(4) The examination and investigations required under section 12 and this section shall not be deemed
in any way to warrant the validity of any patent, and no liability shall be incurred by the Central
Government or any officer thereof by reason of, or in connection with, any such examination or
investigation or any report or other proceedings consequent thereon.
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1. The words "as the Controller may direct" omitted by Act 38 of 2002, s. 11 (w.e.f. 20-5-2003).
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2 . Subs. by Act 15 of 2005, s. 13, for "it has been accepted" (w.e.f. 1-1-2005).
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