A description of the invention called the ‘specification’ is essential part of a patent, for it is the consideration which constitutes quid pro quo for the grant of patent monopoly.
The specification is with a title sufficiently indicating the subject matter of the invention should fully and particularly describe the invention and the method which it is to be performed.
ADVERTISEMENTS:
It should disclose the best method of perform the invention which is known to the applicant for patent.
Section 9 provides that where an application for a patent accompanied by a provisional specification. A complete specific at shall be filed within twelve months from the date of filing of the applicant and if the complete specification is not so filed, the application shall deemed to be abandoned.
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Where two or more applications in the name of the same are accompanied by provisional specifications in respect of inventions are cognate or of which one is a modification of another and the controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow 0ne complete specification to be filed in respect of all such provisional specifications.
The period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.
ADVERTISEMENTS:
Where an application for a patent is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly.”
Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification, the Controller may, if the applicant so requests at any time before grant of patent, cancel the provisional specification and post-date the application ‘ to the date of filing of the complete specification.
Section 10 prescribes that every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.
Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether compete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
ADVERTISEMENTS:
If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
The object and purpose of a specification is that it should enable, not anybody, but a reasonably well informed artisan, technologist, or skilled workmen, dealing with the subject-matter with which he is familiar to make the thing so as to make it available for the public at the end of the protected period.
Every complete specification shall contain beside the title –
(i) A full and particular description of the invention and its operation j or use and the method by which it is to be performed;
(ii) A disclosure of the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection;
(iii) A claim or claims defining the scope of the invention for which protection is claimed. The claim or claims should relate to one invention only whether the invention is for a process or product.
A patentee should make out with adequate distinctness the boundary of the territory that he claims to be exclusively his own.
(iv) It shall be accompanied by an abstract to provide technical information on the invention, provided that the Controller may amend the abstract.
If a biological material is mentioned without giving description and if such material is not available to the public, the material shall be deposited to an international depository authority under the Budapest treaty
All the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution;
Priority date – Section 11 provides that where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification; and partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.
Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.
Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed. Where, under the foregoing provisions
f this section, any claim of a complete specification would, but for the Divisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.
A claim in a complete specification of a patent shall not be invalid by reason only of the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date.
