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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