Table of Contents | Previous | Next

10. Contents of specifications.—

(1) 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. 

(2) 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. 

(3) 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] Subs. by s. 8, ibid., for “before the acceptance of the application” (w.e.f. 1-1-2005), but such model or sample shall not be deemed to form part of the specification. 

(4) Every complete specification shall— 

(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed; 

(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and 

(c) end with a claim or claims defining the scope of the invention for which protection is claimed; 

[(d) be accompanied by an abstract to provide technical information on the invention:] Ins. by Act 38 of 2002, s. 8 (w.e.f. 20-5-2003) 

Provided that— 

(i) the Controller may amend the abstract for providing better information to third parties; and 

(ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be completed by depositing the material to an international depository authority under the Budapest Treaty and by fulfilling the following conditions, namely:— 

[(A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period] Subs. by s. 8, ibid., for sub-clause (A) (w.e.f. 1-1-2005); 

(B) 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; 

(C) access to the material is available in the depository institution only after the date of the application of patent in India or if a priority is claimed after the date of the priority; 

(D) disclose the source and geographical origin of the biological material in the specification, when used in an invention. 

[(4A) In case of an international application designating’ India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.] Subs. by s. 8, ibid., for sub-section (4A) (w.e.f. 1-1-2005)

[(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.] Subs. by Act 38 of 2002, s. 8, for sub-section (5) (w.e.f. 20-5-2003)

(6) A declaration as to the inventor ship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification. 

(7) Subject to the foregoing provisions of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.