Specification in Patent Filing Procedure

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Specification in Patent Filing Procedure

Patent is an exclusive right granted by the sovereign state to the inventor for a limited period of time. A patent is a form of an intellectual property which was a royal decree granting exclusive rights to a person. It also a shortened version of the term letters patent.

A patent application can be filed by the inventor. The inventor can give this authority to file the application through the assignee or legal representative. The application can be filed individually or jointly. In case it filed by the assignee proof of assignment has to be submitted along with the application. Any country's national can be the applicant. It can be directly made at the Indian Patent Office (IPO).This can be via the national phase PCT application or in the form of a conventional application. These can be filed in any of the four patent offices New Delhi, Kolkata, Mumbai, and Chennai.

Applications are directly filed at the Patent Office. These applications are accompanied by a provisional or complete specification.

In the Conventional application, the applicant can file only the complete specification.

In Provisional application are filed for experimentation which is required to make the invention perfect. It is preferred that to file application because it allows the applicant to get an early application date. After this, a complete specification has to be filed within 12 months from the date of provisional patent filing. But sometimes the application is filed with a complete specification. In this case, the Controller on request has the power to convert the complete specification into the provisional one.

Patent Specification

A provisional patent specification may contain:

Title - It is generally a word or a phrase indicating the content of the invention.

Abstract: It is a short description written in a precise manner describing the invention.

Detailed Description- It is the important part of the specification which consists of a complete and elaborate description of the invention. Usually, in written description, there is generally background of the invention. The detailed description explains the invention clearly and comprehensively.

Drawings- It is a clearly labelled drawing which is with the written text. It is in the case where it is necessary.

Sample or Model -There is a requirement of the sample or models might be submitted to the patent office. These kinds of models provide.

Enablement and Best Mode- An ordinary person can be allowed to make and work the invention. He should not only enable person but also describe the best mode of carrying out the invention.

Claims -These are the most important elements in a specification. It mainly defines the metes and bounds of the invention.

Deposit (Microorganisms)-These are mainly in the invention of microorganisms which cannot be presented in a written form. In this case, a sample of the microorganism has to be deposited at an internationally recognized depository. This can be deposited in the internationally recognized depository at Chandigarh, in India.

In the case of a foreign country a provisional specification cannot be filed and also complete specification has to be filed in 12 months from the date of filing provisional specification. In this, each specification should contain only one invention. Sometimes if there is more than one invention in a specification, separate applications have to be filed for each invention.

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