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Understanding Patent Specification in India

There are two kinds of patent specifications in India

Provisional Specification

It is a patent document filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention. It is a permanent and independent scientific cum legal document and no amendment is allowed in this. It is a document of record and it cannot be amended by adding new matter to it once it has been filed.

 The document should contains the following:

  1. Title
  2. Written description
  3. Drawings, if necessary and
  4. Claims (optional.)

A patent is never granted on the basis of a provisional specification. It has to be a followed by a complete specification within 12 months from the date of its filing for obtaining a patent for the said invention.  Filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification.  It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance. If there aren’t any significant changes the applicant can also file the same provisional specification as complete specification within 12 months

Complete Specification

It is a techno-legal document containing full scientific details of the invention and claims to the patent rights. In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed. The disclosure of the invention in a complete specification must be such that a person skilled in the art may be able to perform the invention.

 The contents would include the following

  1. Title of the invention.
  2. Field to which the invention belongs.
  3. Background of the invention including prior art giving drawbacks of the known inventions & practices.
  4. Complete description of the invention along with experimental results.
  5. Drawings etc. essential for understanding the invention.

Claims, which are statements, related to the invention on which legal proprietorship is being sought. Therefore, the claims have to be drafted very carefully

To know more about Patent Specifications & Patent Filing, click on the links below:

Patent Application in India

Patent Drafting in India

Patent Filing Fees & Forms in India

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