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Specification
Techno-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
The Specification (Provisional and Complete)Submitted in Form-2 along with Form-1in duplicateFee-1000/4000 Rs No fee for complete specification after provisional upto 30 pages and 10 claims
Provisional Specification
When the invention has not reached the final stage To secure priority date It is a permanent and independent scientific cum legal document and no amendment is allowed in this No patent is granted on the basis of this specification
It is abandoned if no complete specification is filed within twelve months from the date of its filing If two provisional specifications of the same applicant are cognate then one complete specification can be filed Complete specification can be converted into provisional within twelve months from the date of filing of the application
If applicant is unable to submit the complete specification within 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 the application to the date of filing of the complete specification (before grant of patent) Not necessary to first file an application with provisional specification
Contents of Provisional Specification (Sec 10) Title of the invention Preamble to the description Description Field of the invention Object of the invention Brief description of the invention Drawings
Complete specification
Techno-legal document
When application is accompanied by the complete specification, a declaration as to the inventorship of the invention shall be filed (form 5) along with it or within one month from the 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
Complete specification in respect of a patent of addition (sec 54) contain specific reference to the number of main patent and a definite statement that the invention comprises an improvement in, or modification of, the invention claimed in the specification of main patent granted or applied for
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