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Reena MP Singh

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

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

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

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

Fully and particularly describes the invention

Discloses the best method of performing the invention

Important document in the patent proceeding

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

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

Some important points regarding Complete specification


Complete Specification in respect of divisional application (sec 16) contain specific reference to the number of the original application from which the divisional application is made

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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