The Patents Act,1970
Section 10. Contents of specifications
(1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly. ”
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 1[befcre the application is found in order for grant of a patent] but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) end with a claim or claims defining the scope of the invention for which
protection is claimed.
2[(d) be accompanied by an abstract to provide technical information on the invention:
PROVIDED that
(i) the Controller may amend the abstract for providing better information to third parties; and
(ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be com-*” pleted by depositing 3[the material to an international depository authority under the Budapest Treaty] and by fulfilling the following conditions, namely:
4[(A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period;]
(B) all the available characteristics of the material required for it to be correctly identified or indicated are 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;
(C) access to the material is available in the depository institution only after the date of the application for patent in India or if a priority is claimed after the date of the priority;
(D) disclose the source and geographical origin of the biological material
in the specification, when used in an invention.]
4[(4A) In case of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.]
5[(5) 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, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.]
(6) A declaration as to the inventorship of the invention shall, in such cases as may be prescribed be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification.
(7) Subject to the foregoing pr ovisions of this section, a complete specification to the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.
COMMENTS
Where the invention has not been properly described and will not function in the way claimed by the applicants, the opponents succeed even when they fail to establish “prior publication” as well as “prior public knowledge” and, therefore, the application for grant of patent is liable to be rejected. Abid Kagalwala v. Edgar Haddley Co. (P) Ltd. 1984 PTC 234 (PO)
Where the invention claimed by the plaintiff involves nothing which is outside the probable capability of skilled craftsman having regard to what was already known in the country and there being no new manner of manufacture or a distinctive improvement on the old contrivance involving novelty or inventive step, ex parte injunction granted is liable to be vacated. Surendra Lal Mahendra v. Jain Glazers 1981 PTC 112 (Del)
It is incumbent under section 10(4) to fully and particularly describe the invention and its operation or use and the method by which it is to be performed and disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection ending with a claim or claims defining the scope of the invention for which protection is claimed. Ram Narain Kher v. Ambassador Industries PTC (Suppl.) (1) 180 (Del).
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1. Subs, for “before the acceptance of the application” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
2. Inserted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.
3. Substituted for “the material to an authorised depository institution as may be notified by the Central Government in the Official Gazette” by the Patents (Amdt) Act,2005, w.e.f. 1-1-2005.
4. Substituted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
5. Substituted by Patents (Amdt.) Act. 2002, w.e.f. 20-5-2003 vide S.O. 561 (E), dt. 20-5-2003.
