provisional and complete specification (2)

7/30/2019 Provisional and Complete Specification (2)

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Reena MP Singh


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SpecificationTechno-legal document

Contains scientific details of the invention and claims

Crucial part of patent application

Disclose fully and particularly various features of the invention

Specification can be:

1. Provisional

2. Complete

Section 9 and Rule 13 of Indian Patent Act, 1970


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The Specification (Provisional and Complete)-Submitted in Form-2 along with Form-1in duplicate-

Fee-1000/4000 Rs

No fee for complete specification after provisional upto30 pages and 10 claims

For each sheet in addition to 30 :- 100/400 Rs

For each claim in addition to 10 :- 200/800 Rs


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Provisional SpecificationWhen the invention has not reached the finalstage

To secure priority date

It is a permanent and independent scientific cumlegal document and no amendment is allowed in

this

No patent is granted on the basis of thisspecification


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It is abandoned if no complete specification is filed withintwelve months from the date of its filing

If two provisional specifications of the same applicant arecognate then one complete specification can be filed

Complete specification can be converted into provisional withintwelve months from the date of filing of the application

If applicant is unable to submit the complete specificationwithin twelve month from the date of filing of application- can

postdate the provisional specification by 6 month (sec 17)

Provisional specification can be cancelled and post date theapplication to the date of filing of the complete specification

(before grant of patent)

Not necessary to first file an application with provisionalspecification


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Contents of Provisional Specification (Sec 10)

Title of the invention

Preamble to the description

Description

Field of the invention

Object of the inventionBrief description of the invention

Drawings


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Complete specification

Techno-legal document

Fully and particularly describes the invention

Discloses the best method of performing the

invention

Important document in the patent proceeding


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When application is accompanied by the

complete specification, a declaration as to theinventorship of the invention shall be filed(form 5) along with it or within one month fromthe date of filing of the complete specification

An application when filed with complete

specification can be postdated by 6 month(before the grant of the patent)-Sec 17


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Contents of Complete Specification (Sec 10)

Title of the invention

Preamble

Description

Field of the invention

Object of the invention

Background of the invention

Summary of the invention

Detailed description of the invention

Drawings

*Claims

*Abstract


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Complete Specification in respect of divisionalapplication (sec 16) contain specific reference tothe number of the original application from which

the divisional application is made

Complete specification in respect of a patent ofaddition (sec 54) contain specific reference to thenumber of main patent and a definite statement that

the invention comprises an improvement in, ormodification of, the invention claimed in the

specification of main patent granted or applied for

Some important points regarding Complete

specification


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Thanks

provisional and complete specification (2)

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