section-10-indian-patent-act
section-10-indian-patent-act

Section 10 of The Patents Act, 1970

Section 10 of the Patents Act, 1970 is an important constituent of the Indian procedure for patent applications, specifying the requirements of both provisional and complete specifications. It enables the inventor to provide complete technical details in the form of claims and supporting materials like drawings of the inventions proposed. Section 10,  focuses on identifying specific requirements upon how an invention should be disclosed. It aims to protect the rights of the inventor while keeping transparency open for people to understand and assess the invention.

This section is crucial for not only the inventors to protect their intellectual properties but also to ensure that the patent system remains fair, transparent, and conducive to technological and industrial progress. Through these provisions, Section 10 contributes to a balanced patent system which protects genuine innovations and promotes the advancement of knowledge.

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Section 10 of the Patents Act : Contents of Specifications under 

Section 10 of the Patents Act, 1970 states what the contents should be of both provisional and complete specifications. The importance of this section lies in its meaning to describe, document, and submit an invention or any such work for patent protection in India. Specification shall comply with a particular standard so that the invention is clear enough, full enough, and capable of being described to and disclosed to the public while maintaining the rights of the inventor.

Sub-Section 1: Title and General Description

Title:

  • The title must begin the specification clearly indicating the subject-matter of the invention. The title should reveal sufficient insight into the nature of the invention.

  • The title gives the examiner and the public a preliminary understanding of the invention, thus helping it find its place in the class and in search results.

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Description of the Invention:

  • The specification must describe the invention and how it works in detail.

  • Scope: The scope refers to the technical features as well as the purpose of the invention. The description should cover the working of the invention and for what intended purpose. 

Sub-section 2: Drawings

Drawings Requirement:

  • Drawings shall be furnished if the controller deems them requisite for illustrating the invention. It may be called for with provisional as well as full specifications.

  • Drawings are helpful in demonstrating how the invention works or how it is constructed. They are a graphic representation and therefore easier to explain the technicality of the invention.

Deemed Part of Specification:

  • Unless the Controller directs otherwise, any drawings submitted will form part of the specification, and references to the specification will include those drawings.

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Sub-section 3: Model or Sample

Model/Sample Requirement:

  • The Controller may request a model or sample to further clarify the invention. This is applicable when a physical representation is needed to demonstrate how the invention works.

  • Important Note: The model or sample is not regarded as being included in the specification, but it must exist prior to a patent being granted.

Sub-section 4: Complete Specification

A complete specification must contain the following ingredients:

  • (a) Full Description: The specification must fully describe the invention, including how it works and is made use of. It should be adequate to enable a person skilled in the subject matter to understand the invention and reproduce it.

  • (b) Best Mode of Carrying out the Invention: The applicant shall describe the best method known to him at the time of filing of the application for carrying out the invention. This is done to avoid concealing some vital information.

  • (c) Claims: The specification must end with one or more claims defining with precision the extent of protection being sought for the invention by the applicant. Claims are the basis of patent protection and serve to set limits upon the patent.

  • (d) Abstract: An abstract of the complete specification shall accompany the complete specification. This abstract summarizes the technical nature of the invention, providing a brief overview that is useful for third parties to assess the patent. The controller may update the abstract to explain better to third parties.

  • (e) Biological Material: If biological material is used in the invention and cannot be reasonably described by its characteristics, the applicant deposits it in an international depository authority under the Budapest Treaty.

Conditions for Deposit:

  • Deposit Timings: The biological material must be deposited before the patent application is filed in India.

  • Reference in Specification: The application must make reference to the deposit in the specification.

  • Identification: The specification should identify the material fully, including its characteristics and the depository institution,

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. (clause 4A)

Know the Objectives of Intellectual Property Rights

Sub-section 5: Claims Relating to a Single Invention

A description of a complete specification should relate to a single invention or a group of inventions that are united by some common inventive concept. Claims should be clear, specific and balanced according to the nature of matter disclosed in the specification.

Sub-section 6: Declaration of Inventorship

The applicant shall furnish a declaration of the inventor(s) in a form as provided. This should be done with the complete specification or within such period as may be specified from the date of filing. This prevents misidentification of the rightful persons responsible for the invention and safeguards their rights.

Sub-section 7: Additional Claims

Where there is a complete specification after a provisional specification, the applicant can add claims for developmental or auxiliary inventions over the original invention.

Developmental or auxiliary inventions are allowed to be included if they were not originally in disclosure but were part of the ongoing inventive process. Claims by applicants are subject to Section 6 of the Patents Act, the applicant being entitled to so claim.

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Summing Up,

Section 10 of the Patents Act, 1970, provides detailed guidelines about preparation and filing a specification for getting patents. Specifications must essentially describe in adequate detail what is invented, disclose its best way of performance, and define the scope of protection by clear statements of claims. Additional features, such as drawings, models and abstracts, make it also possible to make the patent application large and accessible for examination. Providing the biological material, adding supplementary claims, and declaring inventorship are the most indispensable measures to make the application accurate and valid. The strict requirements of these parameters will ensure that the patent system promotes innovation while at the same time being transparent and fair.

Also, Read about Grounds & Procedure for Patent Revocation under Section 64 of Patents Act, 1970

FAQs on Section 10 of Indian Patent Act: Contents of Specifications 

Q1. What is the significance of the title in a patent specification?

The title of a patent specification should describe succinctly the subject matter of which the invention relates. It serves to provide a preliminary understanding about the nature of the invention and helps in classifying it.

Q2. Does a patent application require drawings?

While drawings are not compulsory, they may be requested by the controller if they are deemed necessary to understand the invention. When included, the drawings are part of the specification and helpful in illustrating the structure and function of the invention.

Q3. What does "best method" disclosure in a patent specification really entail?

A complete specification must disclose the best known to the applicant for performing invention. This will surely provide transparency so that others advanced in their field of expertise can reproduce the invention so that technology could progress.

Q4. Now, what if the invention involves biological material?

If the invention consists of biological material that cannot be described in the specification, the applicant has to deposit the material with an international depository authority. A reference to the deposited material is also required to be placed in the patent application.

Q5. What are the elements of a complete specification in the form of claims?

Claims describe the scope of protection for the invention. They must be clear, concise, and supported by the specification. The claims define the limits of the patent and illustrate the legal rights given to a patent holder.

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