Specification of Patent in India: A Complete Outlook

A patent specification is a techno-legal document that provides detailed disclosures about the invention and the extent of the protection that would be accorded to it to the general public. It gives the applicant the chance to submit technical and scientific details about the innovation in order to be qualified to receive patent protection. There are two types of specification  that is submitted as Form 2 along with a patent application (Form 1) including provisional and complete specification. 

Provisional specification: 

A provisional specification is a broad overview of the invention that discloses the field of invention with broad scope and objective of the invention. The main purpose of submitting a provisional specification is to claim a priority date of patent application. It is useful when the invention is in its conceptual and preliminary level. A patent application can have more than one provisional specification disclosing various aspects of a single invention. If multiple provisional specifications are cognate, the Controller allows the applicant to file a single complete specification. In any case, a complete specification should be filed within 12 months from the earliest date of filing of the provisional specification. If not, the application shall be deemed to be abandoned (Reference Section 9(1) and 9(2),The Patents act, 1970).

Complete specification:

A complete specification includes a complete disclosure of all the technical and scientific details of an invention in the form of embodiments. It should include all the components, features and the best method of performing the invention so that any person skilled in the art can easily understand and recreate the same invention with the information given in the embodiments. A complete specification can be treated as a provisional specification by the Controller, if the applicant requests the Controller within twelve months from the priority date (Refer Section 9(3),The Patents act, 1970).

Content of specification:

The various content of specification as per Section 10 of The Patents act, 1970 is listed below:

(a) Title –  The description begins with a title that sufficiently indicates the subject-matter to which the invention relates and should not exceed 15 words.

(b) Name and address of the applicant – The full name and the complete address of the applicant along with the nationality should be disclosed.

(c) Preamble – Preamble is an introductory statement that is different for provisional and complete specification.

In case of provisional specification, the preamble should be “The following Specification describes the invention”.

In case of complete specification, the preamble should be “The following complete specification particularly describes the invention and the manner in which it is performed”.

(d) Field of the invention – This defines the broad technical area that relates to the invention.  

(e) Background of the invention – This includes the existing prior arts and their respective limitations or drawbacks. This should end with one or more problem statements and a corresponding solution statement using the invention. This is useful for the patent examination procedure.

(f) Objective of the invention – An invention can have more than one objectives and should be listed in this section. This includes the novel features and/or components that are part of the invention and a simplified process of performing the invention.

(g) Summary of the invention – A summary discloses the scope of the invention and recites the essential features of the invention. This also includes the advantages and application of the invention.

Drawings and Description of drawings

Drawings are provided for the better understanding of the inventions. In this section, the drawings are listed by Arabic numerals and illustrates the representation of the drawings. The same number is referred in the description wherever applicable. As per rule 15 of The Patent Rules, 2003 the drawings:

  • Should be neatly prepared on a A4 size with a clear margin of at least 4 cm on the top and left hand and 3cm at the bottom and right hand of every sheet. 
  • Scaled sufficiently large to show the inventions and the components/features are numbered sequentially.
  • Should not include dimensions and any descriptions except in case of a flow chart.

Detailed description of the invention

The section should sufficiently and clearly describe the invention along with the method by which it is to be performed to enable a person possessing average skill in, and average knowledge of, the art to which the invention relates, and to work the invention. The description can be provided along with a detailed drawing to understand the invention better. In case of a product invention, the components and composition of the final product has to be described in detail. In case of a process invention, the steps of the process should be explained in detail and include all the distinguishing features of the steps. It is essential that the unique component or the step of the invention is characterized to differentiate from the components or steps in the prior art. 

If a biological material is used in the invention, it should be included in the description and if such material is not available to the public, the application shall be completed by depositing the material before filing the application to an international depository authority (Refer Section 10, The Patent Act, 1970). All the available characteristics of the material has to be correctly included in the specification including the name, address of the depository institution and the

date and number of the deposit of the material at the institution. The source and geographical origin of the biological material should be disclosed in the specification.

Claims

The claim or claims 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. It shall be clear and concise and shall be fairly based on the matter disclosed in the specification. Each claim should contain a single sentence with the proper use of punctuations. 

In terms of structure, there are two type of claims namely independent and dependent claims. The first claim is an independent claims and the subsequent claims are dependent claims. There can be multiple independent claims in an application. Each independent claim defines novel and inventive features of the invention for which the monopoly of the patent is sought. Dependent claims narrow the scope of the independent claims which recites the specific features of a component in the independent claims.

As per The Patent act, 1970 an invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

Based on this criteria, either a product or a process can be claimed. The product claim includes apparatus, device, machine and composition of a final product. The process claim recites a series of steps that results in a product. 

Abstract

An abstract commence with a title of the invention and should not exceed 150 words. In the presence of drawings, it should be accompanied with at least one drawing that shall be published. The abstract is a concise summary of the matter contained in the specification that summarizes the technical advancement in the field of the invention, principal use of the invention, a simple process and novel features of the invention which characterise the invention from its prior art. The abstract shall contain the chemical formula or structures depending on the need. These information are particularly useful for the examination process during the prosecution stage to confine the invention to a particular field. (Reference Rule 13,The Patents Rules, 2003).

Contact Intellect Vidhya Solutions for IPR Services.

Share:

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on whatsapp
WhatsApp
Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp

Categories

Search

    Categories

    Recent Posts

    • All Post
    • Copyright
    • Design Patents
    • Patent Filing
    • Patent Search
    • Trademark

    Related Posts

    AI Voice Cloning and Its Copyright Legalities: The Arijit Singh Case

    The fast developments in AI voice synthesis led to in a revolutionary era in technology: immediate voice cloning. Modern algorithms can now produce a nearly identical replica of an individual’s voice using just a few minutes of their voice recording. Most of us probably have heard a number of songs that include the voice of our Prime Minister; these recreated tracks are a clear example of AI voice cloning. Such technology has allowed creators and businesses to create things like songs, speeches, etc., in the unique yet identifiable voices. It could enhance creative and personalized media but, in doing so, also creates complex ethical and legal difficulties, particularly with respect to copyright, privacy, and personality rights. AI Voice Cloning: Understanding the Technology Voice cloning is dependent on the cutting-edge of deep learning and machine learning algorithms to analyze an individual’s voice frequencies, tone, and accents. Once those specific characteristics are recorded, they can be reproduced digitally in order to create audio that as closely as possible resembles the original speaker. This feature, when paired up with Speech Synthesis Markup Language (SSML), enables users to personalize aspects like pronunciation, pitch, and speed, making it as realistic and lively a voice as possible, closely identifying with a natural human voice. These are great possibilities, but there is a flip side where this technology can be abused if used without the knowledge of the person whose voice it matches. The Arijit Singh Case: A Significant Decision on Personality Rights The recent ruling by the Bombay High Court in favour of Bollywood singer Arijit Singh brought attention to the legal issues surrounding AI voice cloning. The court, in the present case, provided interim relief to Arijit Singh, recognising that his voice, name, and likeness are essential components of his identity, referred to as “personality rights.” Arijit Singh initiated legal action against Codible Ventures LLP, a firm that allowed users to generate content using his voice without obtaining consent. The court’s decision to define the unauthorised use of Singh’s voice as a violation of his rights sets an important precedent. It emphasises that an individual’s voice, much like their name or image, is an integral aspect of their identity and is protected under personality rights.  The court acknowledged Singh’s status as a well-known and influential artist, pointing out his reputation and goodwill in India. The court highlighted that previous cases concerning personality rights indicate that using a celebrity’s voice or personal traits for commercial gain without permission constitutes a clear violation of those rights. This ruling clearly suggests that tools that allow for the generation of content in a celebrity’s voice without their permission infringe upon their rights and pose risks to their economic and public standing. Legal Considerations: Copyright, Personal Rights, and More The decision involving Arijit Singh carries major consequences for several legal concepts, such as copyright, intellectual property, and personality rights. 1. Personality Rights: This case highlights that a celebrity’s name, voice, and likeness are integral parts of their personal brand and identity. Protecting these rights stops illicit third parties from profiting off someone else’s identity and plays a crucial role in protecting their career and livelihood. 2. Copyright and Ownership: The complexities of ownership arise when dealing with AI-generated content that utilises cloned voices. Is the voice model subject to copyright protection, and who holds the legal rights to the content generated with that voice? When a voice model originates from a public figure, the boundaries of copyright law can become vague. It raises questions about who actually holds the rights: the creator, the individual whose voice is replicated, or the developer of the AI. 3. Economic and Reputational Concerns: The unauthorised use of a prominent voice can have adverse impacts on the person’s professional life. In Singh’s situation, his reputation and popularity render his voice a crucial element of his personal brand. The court’s decision recognises the potential harm that unauthorised use of his voice may pose to his professional standing and revenue. 4. Right to Publicity: This case expands the idea of an individual’s control over the commercial use of their identity. With the growing ease of AI voice cloning, it is becoming more vital to safeguard individuals against the unauthorised use of their identity. This acknowledgement offers a foundation for protecting people’s identities and personal characteristics in the era of AI. Setting Standards for AI Voice Cloning The Arijit Singh case highlights the pressing need for well-defined and thorough regulations concerning the commercial application of AI voice cloning technology. Considering the possibility of misuse, here are some suggestions to tackle these challenges:  Explicit Consent Requirements: The use of an individual’s voice or likeness must obtain clear, documented consent, especially when it pertains to commercial purposes. Transparency: Informing consumers about the use of an AI-generated voice is crucial to prevent any potential misunderstanding, particularly when the cloned voice closely resembles a well-known individual. Defining Usage Boundaries: Setting clear boundaries between personal and commercial applications can help prevent misuse while allowing individuals to utilise the technology for their own non-commercial purposes. Conclusion This ruling by the Bombay High Court, giving practical effect to Arijit Singh’s right over his voice, is a positive balancing act between harnessing the modern technology of AI voice cloning and protecting individual rights. Considering the new technology of voice synthesis, society must develop legal protections against the appropriation of one’s voice, name, and likeness. This ruling is a landmark case in that it shows how the law can adapt to emerging technology and preserve innovation while ensuring the protection of individual rights against invasive practices. Such frameworks will be critical to ensure the responsible use of this powerful tool, prevent misuse, and safeguard individual identities as we explore its potential further.

    Read More »
    December 11, 2024 No Comments

    What is Trademark Squatting? Insights into the Legal Battle Over Brand Rights

    Trademark squatting refers to the practice where individuals or entities register popular brand names, trademarks, or domain names with the aim of making a profit from them. This practice can pose legal difficulties for legitimate brand owners, as opportunists frequently try to sell these assets back to companies at inflated prices, anticipating that the demand for these names will result in a substantial profit. This issue may not be new, but the evolving digital landscape and the growing significance of online branding have amplified its effects. Understanding Trademark Squatting Trademark squatting involves the unauthorised registration or use of a trademark that closely resembles a well-known brand or business name, with the aim of capitalising on the brand’s reputation. This practice typically takes place in two areas: Trademark Squatting Under Indian Law The Trademarks Act, 1999 regulates trademark matters in India. While it doesn’t directly mention “trademark squatting,” it sets up the legal structure for safeguarding registered trademarks. Indian law provides two primary legal remedies to address the issue of squatting: 1. Trademark Infringement: When a squatter utilises a registered trademark, the legitimate owner has the option to initiate a lawsuit alleging trademark infringement. Courts evaluate aspects such as similarity, the purpose of registration, and any damage inflicted on the original brand. 2. Passing Off: When a brand owner has not registered their trademark, they may pursue a claim of passing off, which is a remedy recognised by common law. The brand owner must show their goodwill and establish that the squatter’s use of the brand leads to confusion for consumers.  Furthermore, in situations concerning domain names, India’s .IN Dispute Resolution Policy (INDRP) directly deals with disputes related to .IN domain names, whereas international cases involving generic domains typically come under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Trademark Squatting and Cybersquatting Trademark squatting and cybersquatting are interconnected concepts, yet they vary in their extent. Trademark squatting involves the misuse of trademarks across various market segments, whereas cybersquatting is focused specifically on internet domain names. Both, however, seek to gain from unauthorised registration, often expecting that the rightful brand owner will repurchase the asset to prevent possible confusion among consumers. Recent Judgment on Trademark Squatting In a recent case involving the domain name JioHotstar.com, the registrant claimed they purchased the domain thinking that Jio (the telecom brand owned by Reliance Industries) and Disney+ Hotstar were likely to come together, based on speculation in various industry circles. They even registered this domain name, assuming that if Jio and Disney merged, Jio could brand it as JioHotstar. The registrant confessed that the aim was to sell the domain to Reliance, stating, “It was a money-making venture to pay for education at Cambridge.” The above explanation notwithstanding, the nature of this cybersquatting case was so textbook (cybersquatting being a specific type of trademark squatting, where instead of a traditional trademark, the focus is on the domain name) that the legal outcome was predictable. In recent years, the judgment of courts globally, including in India, has increasingly emphasized intent in matters related to trademark and cybersquatting disputes. In this case, the registrant’s objective was clearly to profit from a potential merger by flipping the domain back to the brand itself—a motive devoid of any legitimate business interest. This leans towards bad-faith registration, a significant factor that courts examine in cybersquatting cases. In this instance, because JioHotstar.com was not intended to host a legitimate business or service but to be resold for profit, it was categorized as bad faith under section 4(b)(ii) of the policy. Courts generally view such intentions negatively, and if the legitimate brand owner challenges the domain, the domain owner is likely to face difficulty defending their position. The example of *JioHotstar.com* highlights the need for courts to take a firm stand: domains registered with the intent of exploiting brand equity should be invalidated, even if the challenge by the trademark owner is based on their interests. Strategies to Prevent and Address Trademark Squatting Brands can implement proactive measures to steer clear of the difficulties associated with squatting: Conclusion Trademark squatting remains a significant legal challenge for global brands, impacting brand integrity in both online and offline environments. With courts increasingly focused on protecting the rights of trademark owners, cases like JioHotstar.com illustrate how the legal framework discourages attempts to exploit recognised brands for personal gain. Companies can protect their brand and prevent squatters from taking advantage of their intellectual property by actively registering trademarks and monitoring domain names.

    Read More »
    November 28, 2024 No Comments

    Food Plating and Copyright Protection in India

    Food plating — the positioning and presentation of food on a plate has matured into its own craft; showcasing chefs around the globe serving up more than just taste alone. In addition to aesthetics, it sets up your dining experience and reflect the brand identity of a restaurant. Chefs and restaurateurs have resorted to intellectual property (IP) law in different countries around the world, for protecting their unique forms of plating. But in India, copyright law does not allow for food plating to be protected easily: the same is because of two key reasons; firstly, food being highly perishable items and secondly primary purpose of using dishes as they serve a functional role. This article takes a closer look at the intersection of Indian copyright law and food plating, covering eligibility requirements and mechanisms for protection as well as some significant challenges. Copyright Eligibility for Food Plating in India Under the Copyright Act of 1957, copyright protection in India applies to original works of art, literature, music, and more. For a work to be eligible, it generally must meet two main requirements: However, Indian Copyright Law does not automatically deem the plating of food copyrightable. Chefs have no immediate legal protection for their plating, but by photographing it they can at least preserve the creative arrangement in a fixed medium. This approach means the copyright is granted to the photograph or video itself—not the plated arrangement—which still presents some limitations but can deter unauthorized reproduction of the image. Protecting Food Plating in India: Alternative Approaches Despite the challenges, several IP options could provide indirect protection for food plating in India: Key Challenges in Achieving Copyright Protection for Food Plating Even with these alternatives, protecting food plating remains challenging in India for several reasons: Practical Recommendations for  Chefs and Restaurateurs For chefs and restaurant owners in India interested in protecting their food plating styles, here are some practical steps that can help: Conclusion Food presentation does not enjoy copyright protection in India, as food is transient (disappearing after a meal), functional, and perishable. Although food plating does not fall under the traditional copyright regime, chefs or restaurateurs can explore other methods—such as photographic copyright, branding protections, contractual protections, and trade dress—to safeguard their culinary creations’ presentation. While these solutions provide some level of protection, they ultimately highlight the issue that, in the Indian legal context, food plating lacks force under copyright law. If chefs hope to protect their plating artistry in India, the key is to focus on brand-building and be inventive with alternative IP protections.

    Read More »
    November 11, 2024 No Comments
    The principle of 'Continuous Use' in Trademark Law - Intellect Vidhya

    The principle of ‘Continuous Use’ in Trademark Law

    While talking about Trademark law regime, the principle of ‘continuous use’ plays a crucial role in shaping the validity and enforceability of trademark rights. In India, similar to many other jurisdictions, one of the most known ways to establish the exclusive rights over a trademark is through continuous and consistent usage of the mark in commerce or in course of trade. Even if the formal registration is not granted, a trademark can still be protected based on its consistent use in the market. This article explores the principle of continuous use under Indian trademark law, its significance, and how it impacts the protection and enforcement of trademarks. What is the Principle of Continuous Use? The principle of continuous use in trademark law refers to the long and consistent use of a trademark by its owner in the course of trade in business. The continuous and uninterrupted use of the trademark assists in establishing the goodwill and reputation of the brand in the market. The older a trademark, the greater its reputation and goodwill. The Trademarks Act, 1999, acknowledges the importance of continuous use by offering protection to both registered and unregistered trademarks. The primary aim of this principle is to ensure that the rights over a trademark belong to the entity that has genuinely used the mark in commerce over time. The Legal Foundation of Continuous Use in India According to Indian trademark law, Section 34 of the Trademarks Act, 1999, addresses the principle of continuous use, highlighting the concept of “prior use.” This section states that a registered trademark owner cannot prevent any individual or business from continuing to use a mark if they have been using it consistently since before the trademark was registered. This provision is crucial as it emphasises use rather than registration. This means that even if a third party registers a trademark, the party that has been using the mark continuously for the longest time holds superior rights to it. Key Points of Section 34: Importance of Continuous Use 1. Establishing Priority Continuous use plays a crucial role in establishing priority over a trademark. If there is a conflict in rights, the trademark used earlier and without interruption has better rights to claim its use over that of the owner if it contrasts with the registered trademark holder. This is especially relevant in India, where the “first-to-use” principle precedes the common law concept of a “First-to-file”. 2. Preventing Abandonment This continuous use will prevent the trademark from being deemed abandoned. Failure to use a trademark without proper reason over an extended period may lead the authorities to declare it abandoned, and as such lose its rights. According to Indian trademark law, a mark needs to be used continuously in trade so as to retain its enforceability. Failure to do so can open the door for third parties to challenge the ownership of the trademark. 3. Reputation and Goodwill The longer you use a trademark, the more related goodwill and recognition will be gained that are important elements for every brand. A business expands sufficient identity allowing consumers to relate the brand with quality, trustworthiness or in a specific product or service. A trademark that has been used continuously over time under Indian law may qualify as a “well-known trademark” and receive additional protection, even in categories where it is not even directly used. 4. Protection for Unregistered Trademarks In the case of unregistered trademarks, continuous use is especially important. While unregistered marks are not protected under the Indian Trademarks Act, they may still be safeguarded by utilizing English common law rights called “passing off.” In as action of passing off, long time use would help the plaintiff establish that their mark has gathered good will and that the defendant’s use of a similar mark would likely deceive consumers and cause harm to their business. Proving Continuous Use Having continuous use and proving the same are two different things. Mentioned below are the kinds of documents that can be furnished in order to prove the continuous use of a particular trademark: Challenges to Continuous Use While continuous use is a strong principle in Indian trademark law, it does come with certain challenges: Relevant Case Laws The Supreme Court made clear that the rights of prior users are stronger than trademark registration. So just because a trademark is registered does not mean the original user of that domain cannot infringe on your rights. The court decided in Peps’ favour, indicating that a mark can still receive protection even if it is descriptive, provided it has acquired distinctiveness through ongoing use. Conclusion The principle of continuous use serves as a fundamental aspect of trademark law in India, offering protection to businesses that have consistently used their trademarks over the years, regardless of registration status. It ensures that the true owner of a trademark is the one who has consistently utilised it in commerce, rather than simply the one who registered it first. Indian trademark law seeks to promote fairness and preserve the goodwill that businesses build around their brands by emphasising use rather than formal registration. It is essential for both businesses and individuals to consistently use their trademarks in order to protect their rights and avoid potential legal conflicts.

    Read More »
    October 28, 2024 No Comments