Intellectual Property Laws – Search for Anticipation

When Application for Patent Registration is filed with Registrar, the claim for patent can be rejected on the ground that the examiner finds that the elements of the invention claimed, are in reference in a prior art. This type of reason for rejection is called Anticipation. It represents a situation where the invention claimed has already know or used by someone else cannot be granted registration and is a ground for rejection. This ground is valid for the reason that the basic requirement for registration of patent is that it should be new or novelty should be there. In case the invention is already in use or known earlier, it will not fulfill the requirement of Novelty and anticipated inventions are not patentable.

Purpose of search for Anticipation

The purpose of this ground is to protect the people from stealing the idea and getting it patented on their names. It will give undue right to them and punish for the true inventors. Its primary purpose is to find any publications of previous period which may anticipate this subject matter under considerations and also to check whether the same has been part of some complete specification submitted or registered earlier.

How Anticipation is done by registrar

Once the request for examination is filed with the registrar, , the registrar would examine the application and examines for the group or classification of the patent. Registrar further conducts the search for Anticipation by any prior filings or claims and is conducted with respect to filing of the complete specifications – Payday Loans Near Me

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