Section 13. Section 63

13. Section 63— (a) in sub-section (1), omit "to a patent or" and "patent or"; (b) in sub-section (2), omit "patent or" and for "patents or designs, as the case may be,", substitute "designs,"; (c) in sub-section (3), omit "patent or" wherever that expression occurs; (d) in sub-section (4), omit "to a patent or". 13. Search for anticipation by previous publication and by prior claim . — (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[5] * 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 applicant's complete specification. (3) Where a complete specification is amended under the provisions of this Act before[6] [the grant of 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. 7 [14. Consideration of report of examiner by Controller . — Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard. 1. Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005). 3. Subs. by Act 38 of 2002, s. 10, for "specification relating thereto" (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 12, for "a period of eighteen months from the date of such reference" (w.e.f. 1-1-2005). 5. The words "as the Controller may direct" omitted by Act 38 of 2002, s. 11 (w.e.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 13, for "it has been accepted" (w.e.f. 1-1-2005). 7. Subs. by s. 14, ibid ., for sections 14 and 15 (w.e.f. 1-1-2005).