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

    Micro Copyright in India: Protecting Small-Scale Creative Works

    In the digital age, the creation and sharing of content have reached unprecedented heights. With the proliferation of user-generated content, short-form media, and the increasing significance of individual contributions to larger works, the concept of “micro copyright” has emerged. Micro copyright refers to the protection of smaller, often more granular, creative expressions. In the context of Indian copyright law, this concept presents unique challenges and opportunities. This article explores the intricacies of micro copyright and the conundrums surrounding its protection in India. Understanding Micro Copyright Micro copyright encompasses the rights associated with smaller creative works such as social media posts, memes, short videos, gifs, and even individual elements within larger works, like specific phrases or designs. These forms of content, while often brief and seemingly inconsequential, can hold significant value and can be the subject of copyright protection. The Legal Framework of Copyright in India The Indian Copyright Act, 1957, primarily governs copyright protection in India. The Act provides protection to original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. For a work to be protected, it must be original and expressed in a tangible form. Challenges in Protecting Micro Copyright 1. Originality and Fixation One of the fundamental requirements for copyright protection is that the work must be original and fixed in a tangible medium. This can be challenging for micro content, where the line between original creation and common expression is often blurred. Determining the originality of a tweet, meme, or short video clip can be subjective and contentious. 2. De Minimis Doctrine The de minimis doctrine, which means “about minimal things,” can pose a significant challenge for micro copyright. This doctrine suggests that the law does not concern itself with trivial matters. Small snippets of content might be considered too insignificant to warrant protection, leaving creators without legal recourse for unauthorized use. 3. Fair Use The concept of fair use allows for limited use of copyrighted material without requiring permission from the rights holders. In the context of micro copyright, determining what constitutes fair use can be particularly tricky. For instance, sharing a meme or a short clip might be considered fair use, but if it goes viral and gains commercial value, the original creator might seek protection and compensation. 4. Enforcement and Attribution Even if micro content is eligible for copyright protection, enforcing these rights can be challenging. Monitoring the vast expanse of the internet for unauthorized use of small-scale content is a daunting task. Additionally, the ease with which digital content can be shared and altered complicates the process of ensuring proper attribution and compensation. The Way Forward 1. Clearer Guidelines and Definitions To address the challenges of micro copyright, clearer guidelines and definitions are needed within the Indian Copyright Act. Defining what constitutes a protectable micro work and setting standards for originality can provide better clarity for creators and users alike. 2. Digital Rights Management (DRM) and Technology Leveraging technology, such as digital rights management (DRM) systems and content recognition algorithms, can help creators monitor and enforce their copyright more effectively. These technologies can automate the process of identifying unauthorized uses and facilitate easier enforcement. 3. Education and Awareness Increasing awareness among creators about their rights and the mechanisms available for protecting their content is crucial. Educational campaigns and resources can empower creators to navigate the complexities of copyright law and safeguard their micro creations. 4. Legal Reform and International Cooperation Given the global nature of digital content, international cooperation and harmonization of copyright laws can play a significant role in addressing the challenges of micro copyright. Legal reforms that consider the unique nature of digital content and micro works can provide a more robust framework for protection. Conclusion The rise of micro copyright in the digital era presents a unique conundrum under Indian copyright law. While the current legal framework provides a foundation for protecting creative works, the nuances of micro content require more specific attention and adaptation. By addressing the challenges of originality, fair use, enforcement, and attribution, and by leveraging technology and education, India can better protect the rights of creators in the evolving landscape of digital content.

    Read More »
    July 20, 2024 No Comments
    Importance of Trademarking your Restaurant Name - Intellect Vidhya

    Importance of Trademarking your Restaurant Name

    Have you ever walked into a restaurant, drawn by its catchy name or eye-catching logo, only to discover that it’s not the establishment you thought it was? In the bustling food and hospitality industry of India, this scenario is becoming increasingly common. As more and more eateries pop up, it’s crucial for restaurant owners to protect their brand’s identity through trademark registration. A trademark is like a unique fingerprint that sets your goods or services apart from the competition. It’s a legal stamp that says, “This is ours, and no one else can use it.” And in the world of restaurants, where first impressions can make or break your business, a strong trademark can be a game-changer. Why Trademarks Matter for Restaurateurs? Success Stories of Trademarked Restaurant Brands The Consequences of Neglecting Trademark Protection In the vibrant culinary landscape of India, trademarking your restaurant brand is more than just a formality – it’s a strategic move that can safeguard your business identity, maintain brand recognition, and provide legal recourse against infringement. By understanding the importance of trademarks and understanding the appropriate registration process under Indian trademark law, you can protect your valuable intellectual property and pave the way for a future as bright as a perfectly cooked dish, fresh out of the kitchen.

    Read More »
    July 13, 2024 No Comments
    The Significance Of Prior Use In The Trademark Law Vans V Ivans - Intellect Vidhya

    The Significance of Prior Use in the Trademark Law: Vans v. Ivans

    In the complex realm of intellectual property rights, few principles hold as much significance as the concept of “prior use” in Indian trademark law. The recent ruling by the Delhi High Court in the Vans v. Ivans case has brought attention to the fundamental concept of giving precedence to the first user of a trademark in the market. The Vans v. Ivans Case: The case centred on a disagreement between Vans Inc., a well-known American footwear and apparel company, and FCB Garment Tex, an Indian company that used the “IVANS” trademark. Vans Inc. filed a request to invalidate FCB Garment Tex’s trademark registration in India, claiming that their “VANS” mark had recently gained recognition as a well-known trademark in the country. Nevertheless, the Delhi High Court ruled in favour of FCB Garment Tex, citing the prior use principle. Important Factors in the Court’s Decision The court’s ruling was influenced by several crucial elements. Firstly, it emphasised that FCB Garment Tex had been using the “IVANS” mark in India for years before Vans Inc. entered the market, applying the “first in the market” principle. Furthermore, the court made it clear that simply declaring a trademark as well-known does not automatically give the owner the authority to cancel other marks that were used earlier in India. Finally, the court determined that FCB Garment’s utilisation of the marks was both sincere and simultaneous, granting them protection under Section 12 of the Trade Marks Act. Supporting the Principle of Prior Use This landmark ruling is a strong affirmation of the prior use principle in Indian trademark law. This principle emphasises that the initial user of a trademark in the market holds greater rights compared to later users, regardless of their registration status. This concept is deeply embedded in the Indian Trade Marks Act, 1999, and aims to safeguard businesses that have dedicated significant time and resources to establish their brand identity in the market. The Reasoning Behind Prior Use There are several reasons behind the prior use principle. It strives to recognise and safeguard businesses that have proactively built their brands in the marketplace. By prioritising the initial user, the law recognises the dedication and resources required to establish a strong brand presence and cultivate customer loyalty. This principle also helps to prevent unfair competition by ensuring that well-known brands are not replaced by new ones with similar marks, thus maintaining consumer trust and market stability. Territorial Nature of Trademark Rights In addition, the principle of prior use acknowledges the territorial nature of trademark rights. The Vans v. Ivans case clearly illustrates that having a worldwide reputation is not enough to establish legal rights in a particular jurisdiction. The principle highlights the significance of establishing a tangible market presence and utilising a trademark within India, rather than solely relying on international recognition or registration in other nations. Engaging with well-known Trademarks The prior use principle also has implications for other aspects of trademark law, including the recognition of well-known trademarks. The ruling by the Delhi High Court provides clarity on the advantages of having a well-known trademark status, while also acknowledging the rights of prior users in the market. This delicate equilibrium ensures the safeguarding of well-known local brands while acknowledging the prestige and recognition of globally renowned trademarks. Practical Considerations for Trademark Owners In practice, trademark owners are faced with a significant burden of maintaining proper documentation of their trademark use due to the prior use principle. This encompasses sales records, advertisements, and proof of customer recognition. Consistent and authentic use of the mark is essential, as any substantial gaps in usage can undermine a prior use claim. Conclusion Ultimately, the verdict of the Delhi High Court in the Vans v. Ivans case serves as a strong affirmation of the prior use principle within Indian trademark law. It emphasises the significance of having a strong market presence and building a reputable brand in order to establish and safeguard trademark rights in India. As the country continues to attract global brands while nurturing its own business ecosystem, this principle will undoubtedly have a significant impact on the development of trademark strategies and dispute resolutions.

    Read More »
    July 12, 2024 No Comments
    The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry - Intellect Vidhya

    The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry

    In recent years, artificial intelligence (AI) has made remarkable progress in various fields, including music production. Voice cloning in music has been a subject of intense debate, raising questions about copyright infringement, moral rights, and the preservation of artistic integrity. The recent criticism voiced by legendary Indian playback singer Kumar Sanu against AI voice duplication brings attention to the mounting concerns within the music industry. Power and Potential of AI Voice Cloning AI voice cloning technology has made significant progress in recreating the voices of singers with outstanding precision. This ability has resulted in the development of new songs that utilise the voices of artists who have passed away, as demonstrated in the recent example of “Pehle Hi Main.” This song was created using an AI-generated voice that mimics the late Mohammed Rafi, who sadly passed away in 1980. Although this technology presents fascinating opportunities for music production and preservation, it also brings up important ethical and legal concerns. Dealing with Copyright Infringement Copyright infringement is a significant legal concern when it comes to AI voice cloning. A singer’s voice is regarded as their valuable asset, safeguarded by copyright laws in numerous jurisdictions. When AI is employed to imitate a singer’s voice without authorization, it may potentially infringe upon copyright protections. This encompasses violations of reproduction rights, distribution rights, and the unauthorised creation of derivative works. Moral Rights and Personality Rights In addition to copyright concerns, AI voice cloning also brings up ethical and legal questions surrounding moral rights and personality rights. It is important for singers to safeguard their work from any alterations or manipulations that may negatively impact their reputation. Additionally, there is a potential for confusion and misrepresentation when AI-generated voices are not explicitly identified. Furthermore, in numerous legal systems, people possess the authority to regulate the commercial exploitation of their identity, appearance, or voice. Voice cloning might be perceived as a violation of these rights. Cloning the Voices of Deceased Artists Using AI to replicate the voices of deceased artists, such as Mohammed Rafi, brings about a whole new set of challenges. Although copyright protection usually lasts for many years after an artist’s passing, the ethical considerations surrounding the use of a deceased artist’s voice without their permission are quite substantial. There are concerns regarding the preservation of the legacy and artistic intentions of deceased musicians. Industry Response Kumar Sanu’s decision to pursue legal protection against AI voice cloning demonstrates a rising recognition of these concerns within the music industry. Other artists and industry professionals are also advocating for the establishment of regulatory frameworks to oversee the utilisation of AI in music production. There are several potential solutions being discussed to address the challenges posed by AI in music. These include establishing licencing protocols for the use of AI-cloned voices, requiring clear disclosure when AI voice cloning is used in a production, and developing specific laws to tackle these unique challenges. The Path Forward As AI technology advances, it is essential for the legal system to stay up to date. Collaboration between the music industry, legislators, and AI developers is crucial in establishing a framework that balances the protection of artists’ rights with the promotion of innovation. This could potentially include the need to revise copyright laws to specifically tackle AI-generated content, setting industry norms for the ethical application of AI in music production, and devising methods for artists to maintain control over and profit from the utilisation of their AI-replicated voices. Conclusion The emergence of AI voice cloning technology brings forth a range of possibilities and complexities for the music industry. Although it presents exciting opportunities for creativity, it also raises serious concerns regarding artists’ rights and the authenticity of their work. As evidenced by Kumar Sanu’s case, it is clear that there is a pressing requirement for the establishment of legal and ethical frameworks to regulate the utilisation of this technology. As we move forward with the more enhanced versions of AI, it’s crucial to find a harmony between technological advancement and safeguarding artists’ rights. It is crucial to establish thoughtful regulation and foster industry cooperation to ensure that AI positively impacts the creative ecosystem of the music industry.

    Read More »
    July 8, 2024 No Comments