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(Note: The cheque or demand draft should be payable to the "Controller of Patents" drawn on any schedule bank at a place where the appropriate office is situated).
If any application is to be filed abroad, without filing in India, it should be made only after taking a written permission from the Controller. The request for permission for making patent application outside India shall be made in Form-25 along with a fee of Rs 1000/- or Rs 4000/- for natural person and other than natural person respectively. A gist of invention should also be filed along with the Form-25
A provisional specification is not a rough draft or a skeleton of the Complete Specification. The Complete specification, which follows a Provisional Specification, does not replace the latter. Both are permanent, independent documents.
It should essentially contain the title and description of the invention and shall start with a preamble 'The following specification describes the nature of the invention.' Claims need not be included in the provisional specification. After the preamble there should be set forth, the object of the invention, a statement of the principle or discovery underlying the invention and a general statement of the actual invention. It is advisable to include in the Provisional Specification as much information as the applicant has at the time, but in any case the description should be adequate to identify the invention.
An application for a Patent accompanied by a provisional specification is on the condition that a complete specification (in Form 2) shall be filed within twelve months. However provisional specification cannot be filed if the application is a divisional or a convention application or an application filed under the Patent Co-operation Treaty designating India (Sec. 16 or Sec. 135) then it shall always be accompanied by a complete specification only. If the complete specification is not filed after filing the provisional specification within the time as specified above the said application will be abandoned and no action will be taken on it. However if the complete specification is not filed after filing the provisional specification within the time as specified above, the applicant may file a request for postdating of the application. Such request should be filed on or before expiry of 12 months period from the date of filing of provisional specification.
If the same applicant has filed more than one application accompanied by provisional specifications which are cognate (or related), or a modification of one another a request (no form required) by the applicant to file a single complete specification in respect of more than one provisional specification will be allowed if they constitute a single invention when taken together. The complete specification should be filed within the specified time mentioned in Section 9(1) taken from the date when the earliest of applications was filed. (S.9 (2))
Where an application purporting to be a complete specification has been filed then the applicant can convert it into a provisional specification by making a request (no form required) to the Controller within twelve months from the date of filing of application (S.9 (3))
At any time before the grant of patent, complete specification filed in pursuance of an application with a provisional specification, or a complete specification treated as provisional specification Under Section 9(3) the application can be post dated to the date of filing of the complete specification if such a request (no form required) is made by the applicant to the Controller, and the provisional specification will be treated as cancelled. (S.9 (4))
The complete specification is an essential document in the filing of patent application along with the drawing to be attached according to the necessity. Complete specification shall fully describe the invention with reference to drawing, if required, disclosing the best method known to the applicant and end with Claim/Claims defining the scope of protection sought. The specification must be written in such a manner that person of ordinary skill in the relevant field, to which the invention pertains, can understand the invention. Normally, it should contain the following matter-
The specification must be written in good and clear English or Hindi. The specification should indicate those features which are essential for the operation of the invention as well as those features for which a choice can be made. The description must be sufficiently detailed for someone who works in the same area of technology to be able to perform the invention from the information given in the description. The best method of putting the invention into effect is required to be described. In case of biological invention, it is required to mention the source or geographical origin of biological material used for the invention
A set of properly drafted claims is an important part of complete specification. The complete specification must have at least one Claim. The first claim is the main claim. The subsidiary claims refer to the main claim and include qualifying or explanatory clauses on the various integers of the main claim or optional features. They may also contain independent claims. Although the claim clauses consist of a number of claims, the totality of the claims must relate to one invention only. It should be noted that a claim is a statement of technical facts expressed in legal terms defining the scope of the invention sought to be protected.
The abstract is the concise summary of the invention preferably within 150 words and shall commence with the title of the invention. It should be prepared in such a way that one can understand the technical problem and solution with its usefulness. If necessary, most relevant drawing should also be included in the abstract, particularly, in mechanical type inventions. Each main feature mentioned in the abstract and illustrated by a drawing should be indicated by reference numerals. In case of Chemical invention, it should contain the Chemical Formula for understanding the invention. However, it cannot be used for the purpose of interpreting the scope of protection in legal proceeding.
Drawing should be filed on standard A4 size sheet in duplicate. Drawing should be drawn on the sheet with margin of 4 cm on top and left hand and 3 cm at the bottom and right hand side. Figure should be shown clearly on sufficient scale in upright position with respect to top and bottom position of the sheet. At left-hand top corner of the sheet, the name of applicant should be mentioned, with the application Number there below. Number of sheets and sheet number should be mentioned at the right hand top corner. At the right-hand bottom, signature of the applicant/agent should be made mentioning the name there under. A reference letter/numerals as used in the description should also be used in denoting the corresponding component/part in the figure(s). No descriptive matter should appear on drawing except under certain cases such as flow sheet, chemical and other reactions etc. No drawing or sketch should appear in the specification
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