Complete Specification

                       ⇒Necessary to get a patent

                       ⇒Must have claims

                       ⇒Shall contain the preamble: ”The following specification particularly describes the nature of this invention and the manner in which it is to be                                  performed :” 

 

Complete Specification shall:

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

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

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

 

♠Elements of Complete Specification

Page 1 (Cover Page):

           »Title of the invention

           »Name, address, nationality of applicant.

           »Preamble

Page 2 and onwards :

         ⇒Field of invention

         ⇒Background of invention / prior art

         ⇒Advantages/improvement over prior art

         ⇒Summary of invention

         ⇒Statement of invention (verbatim to claim1)

         ⇒Detailed description of invention

         ⇒Working examples

         ⇒Deposit number of biological material in IDA(Budapest treaty) along with its characteristics

Lastly followed on a fresh page :

        ⇒Claims

        ⇒Drawings (on separate sheets, if any)

        ⇒Abstract

 

♣Main conditions for description 

Description should state in clear language details of the invention, as you are being given the monopoly  because you have disclosed your invention to the public. Should disclose the manner  in which invention is to be performed, so that others may know, how to use  your invention.

(1) Title

Specification (provisional/complete) should describe invention & begin with a title indicating the subject-matter of invention.

The title should be sufficiently indicative of the subject matter of the invention and shall disclose the specific features of the invention. It need not be the same as the preamble of the main claim. It shall be brief, free from fancy expressions or ambiguity and as precise and definite as possible, but it need not go into the details of the invention itself and should not ordinarily exceed fifteen words.

The following are not permissible in the title:

Inventor‘s name, the word  “Patent‘, words in other languages, the abbreviation “etc”, fancy words e.g.

(2) Drawings

Drawings to be supplied with specification for the purpose of illustrating invention [Rule 15] & should be part of the specification.

(3) If required, specification to be further supplemented by a model or sample for illustrating the invention & it should  not be part of the specification.

 

Field of the Invention and use of Invention

The description should preferably begin with a general statement of the invention so as to indicate briefly the subject matter to which the invention relates, e.g. “This invention relates to …………………”.

Thereafter, the advantages of the invention may be mentioned to bring out clearly the areas of application and preferable use of the invention. The applicant may substantiate industrial applicability of the invention in this part.

 

Prior art and Problem to be Solved

This part should indicate the status of the technology in the field of invention with reference to developments in the field, patents and pending patent applications in the specific art. 

When the invention relates to an improvement on an existing product or process, a short statement of the closest prior art known to the applicant shall also be given. However, the description should fully and particularly describe the invention, by clearly distinguishing it from such a closest prior art, known to the applicant

 

 Objects of the Invention

The purpose of this part is to clearly bring out the necessity of the invention. It shall clearly mention the technical problems associated with the existing technology and the solution for that, bringing out the differences between the claimed invention and the prior art. The solution sought by the invention should be clearly brought out as object(s) of inventions with statements like ?It has already been proposed ………………? followed by the objects which the inventions has in view e.g. ?The principal object of this invention is ……………?,

 

 Summary of the Invention

The description should include a summary of invention before giving the details of the invention and the method of performing it. The statement should clearly set forth the distinguishing novel features of the invention for which protection is desired. This part is intended to declare different aspects of the invention.

 

 Detailed Description of the Invention

a) Description of an invention is required to be furnished in sufficient detail so as to give a complete picture of the invention and follows the Summary of invention. The nature of improvements or modifications effected with respect to the prior art should be clearly and sufficiently described. The details of invention described should be sufficient for a person skilled in the art to perform the invention. It may include examples / drawings or both for clearly describing and ascertaining the nature of invention.

b) The details of invention described should enable a person skilled in the art to reduce the invention into practice without further experimentation.

C)Reference to the drawings should be specific and preferably in the following form: ?This invention is illustrated in the accompanying drawings, throughout which, like reference numerals indicate corresponding parts in the various figures.

d) Terms in other languages, if any, used in the description should be accompanied by their English equivalents. The use of vague slang, words and colloquialisms is objectionable and shall be avoided.

e) When a biological material is described in the specification and when such material is not available to the public and cannot be described adequately as per the provisions of the Act, such material shall be deposited in order to make the application complete.  The deposit shall be made with the International Depository Authority under the Budapest Treaty, on or before the date of filing. The International Depository Authority in India is Microbial Type Culturen Collection and Gene Bank (MTCC) – Chandigarh.

f) Reference to such biological material shall be made in the Specification within three months from the date of filing, giving all the available characteristics of the material required for it to be correctly identified or indicated including the name, address of the depository institution and the date and number of the deposit of the material at the institution.

g) Further, the source and geographical origin of the biological material specified in the Specification shall also be disclosed.

h) In the case of Biotechnology related inventions, relevant numbers of the sequence listing shall be mentioned atappropriate place in the specification.

i) Sequence listing should also be given in electronic form. However, the fees with respect to the corresponding number of pages should be paid.

 

Drawings 

a) Drawings or sketches, which require a special illustration of the invention, shall not appear in the description itself. Such drawings shall be on separate sheet(s).

b) Drawings shall be prepared neatly and clearly on durable paper sheet.

c) Drawings shall be on standard A4 size sheets with a clear margin of at least 4 cm on the top and left hand and 3 cm at the bottom and right hand of every sheet.

d) Drawings shall be on a scale sufficiently large to show the inventions clearly and dimensions shall not be marked on the drawings.

 

Abstract

a) Every complete specification shall be accompanied by an abstract to provide technical information on the invention.

The abstract shall commence with the title of the invention.

b) The abstract shall be so drafted that it constitutes an efficient instrument for the purposes of searching in the particular technical field, in particular by making it possible

to assess whether there is a need to consult the specification itself. 

c) The abstract shall contain a concise summary of the matter contained in the specification. 

d) The abstract may not contain more than one hundred and fifty words.

 

Claims

a) Claims define the contours of rights, if and when a patent is granted for an invention. Hence, claims are the most critical part of a Patent Application.

b) In a complete specification the description is followed  by claims. Since, claims define the scope of legal protection, it is suggested that they should be drafted carefully to cover all the aspects of the protection being sought at the same time adequately distinguishing the prior art from the claimed invention

 

Unity of invention and clarity of claims

a) Claim(s) 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.

b) Claims shall be clear and succinct and fairly based on the matter disclosed in the specification.