law: Patents Act, 1970
  29. Anticipation by previous publication 
  (1) An invention claimed in a complete specification shall not
  
  be deemed to have been anticipated by reason only that the invention was
  
  published in a specification filed in pursuance of an application for a patent
  
  made in India and dated before the 1st day of January, 1912.
  (2) Subject as hereinafter provided, an invention claimed in a
  
  complete specification shall not be deemed to have been anticipated by reason
  
  only that the invention was published before the priority date of the relevant
  
  claim of the specification, if the patentee or the applicant for the patent
  
  proves-
  (a) that the matter published was obtained
  
  from him, or (where he is not himself the true and first inventor) from any
  
  person from whom he derives title and was published without his consent or the
  
  consent of any such person; and
  (b) where the patentee or the applicant for the
  
  patent or any person from whom he derives title learned of the publication
  
  before the date of the application for the patent, or in the case of a
  
  convention application, before the date of the application for protection in a
  
  convention country, that the application or the application in the convention
  
  country, as the case may be, was made as soon, as reasonably practicable
  
  thereafter:
  PROVIDED  that this sub-section shall not apply if the
  
  invention was before the priority date of the claim commercially worked in
  
  India, otherwise than for the purpose of reasonable trial, either by the
  
  patentee or the applicant for the patent or any person from whom he derives
  
  title or by any other person with the consent of the patentee or the applicant
  
  for the patent or any person from whom he derives title.
  (3) Where a complete specification is filed in pursuance of an
  
  application for a patent made by a person being the true and first inventor or
  
  deriving title from him, an invention claimed in that specification shall not
  
  be deemed to have been anticipated by reason only of any other application for
  
  a patent in respect of the same invention made in contravention of the rights
  
  of that person, or by reason only that after the date of filing of that other
  
  application the invention was used or published, without the consent of that
  
  person, by the applicant in respect of that other application, or by any other
  
  person in consequence of any disclosure of any invention by that applicant.