Essay on the importance of specification in patent

Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which 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 one 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.

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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 complete 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.

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, I 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-

(a) A full and particular description of the invention and its operation or use and the method by which it is to be performed;

(b) 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;

(c) 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.

(d) 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.


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