Under Section 18(3) of the Patents Act, 1970, the provisions of Section 18(2) shall also apply where:

Section 18(3) extends section 18(2)'s treatment to a case where the invention is claimed in another section 13(1)(a) specification published on or after the applicant's priority date, unless the applicant shows his priority date is not later than that specification's, rather than to withdrawal, lack of industrial applicability, or post-grant opposition.