Patents Rules, 2003
29. Procedure in case of anticipation by prior claiming. —
1. When it
is found that the invention so far as claimed in any claim of the complete
specification, is claimed in any claim of any other specification falling
within clause (b) of sub-section (1) of section 13, the applicant shall be so
informed and shall be afforded an opportunity to amend his specification.
2. If the
applicant's specification is otherwise in order for grant and an objection
under clause (b) of sub-section (1) of section 13 is outstanding, the
Controller may postpone the grant of patent and allow a period of two months
for removing the objection.