Professional Documents
Culture Documents
Requirement of Insurable Interest in Lif
Requirement of Insurable Interest in Lif
1. Introduction.
2. Function of the specification.
3. Contents of Specification.
4. Requirements for complete specification.
5. Conclusion.
6. Bibliogrpahy.
Section 39: Contents of complete specification
(1) Every complete specification must—
(a) disclose the invention in a manner that is clear enough and complete
enough for the invention to be performed by a person skilled in the art; and
(b) disclose the best method of performing the invention that is known to the
applicant and for which there is an entitlement to claim protection; and
(c) end with a claim or claims defining the scope of the invention claimed;
and
(4) If a complete specification claims a new substance, the claim must not be
construed as extending to that substance when found in nature
The complete specification - general
1. For an invention to be patentable it must be novel over what is already
known from the prior art base. Assessment of novelty of a claimed invention
is based on whether all of the features of that claim are known from a single
prior art document, see for example Ammonia’s Application, 49 RPC 409. A
mosaic of more than one document to find lack of novelty is not permissible,
see for example British Ore Concentration Syndicate v Mineral Separation
Ltd, 26 RPC 124 at page 147, and Lowndes’ Patent 45 RPC 48 at page 57.
Where it appears that a combination of more than one document would
anticipate a claimed invention, then it is possible that these documents could
be combined to find a lack of inventiveness i.e. the invention is obvious.
3. The claims form part of the specification when filed with the specification
at the same time as the application filing date. The subject matter found in the
claims but not the description may be used to support the invention. Typically
the subject which is found only will be required to be moved into the
description to provide support for the claimed subject matter.
" ... every complete specification shall- fully and particularly describe the
invention and its operation or use and the method in which it is to be performed;
disclose the best method of performing the invention which is known to the
applicant and for which he is entitled to claim protection..."
In order to obtain a patent, an applicant must fully and particularly describe the
invention therein claimed in a complete specification. The disclosure of the
invention in a complete specification must be such that a person skilled in the art
may be able to perform the invention. This is possible only when an applicant
discloses the invention fully and particularly including the best method of
performing the invention. The Specification is a techno-legal document containing
full scientific details of the invention and claims to the patent rights. The
Specification, thus, forms a crucial part of the Patent Application. It is mandatory
on the part of an applicant to disclose fully and particularly various features
constituting the invention.
The relevance or say importance of the specification can be seen in the landmark
judgement of the Supreme Court in the case of Biswanath Prasad Radhey Shyam v.
Hindustan Metal Industries1, where the court had made reference to Arnold v.
Bradbury2, to arrive at the principle that the proper way to construe a specification
is not to read the claims first and then see what the full description of the invention
is, accordingly the description of the invention needs to be read first, in order for
the reader's mind may be prepared for what it is, that the invention is to be claimed
and also for the patentee that he cannot claim more that he desires to patent. From
the above discussed case, it is well understood that the specification is the
important aspect of an invention. When the meaning of a term in a claim is not
clear, the description will be relied upon to understand the term in context of what
is described in the specification. A complete specification in whole is important for
an invention.
Contents of Specification:
Section 10 of the Patents Act, 1970, clearly defines the various contents of
specification:
Patent Abstract
a. Every complete specification shall be accompanied by an abstract to provide
technical information on the invention. The abstract shall commence with
the title of the invention.
b. The abstract shall be so drafted that it constitutes an efficient instrument for
the purposes of searching in the particular technical field, in particular by
making it possible to assess whether there is a need to consult the
specification itself.
c. The abstract shall contain a concise summary of the matter contained in the
specification. The summary shall indicate clearly the technical field to which
the invention belongs, technical problem to which the invention relates and
the solution to the problem through the invention and principal use or uses of
the invention. Where necessary, the abstract shall contain the chemical
formula, which characterizes the invention.
d. The abstract may not contain more than one hundred and fifty words. If the
specification contains any drawing, the applicant shall indicate on the
abstract the figure, or exceptionally, the figures of the drawings which may
accompany the abstract when published. Each main feature mentioned in the
abstract and illustrated by a drawing shall be followed by the reference sign
used in that drawing.
e. The Controller may amend the abstract for providing better information to
third parties.
Summary of the invention:
The nature of the invention and technology domain is written in the summary of
the invention. It also includes main points of the detailed description of the
process, machine, manufacture or composition of matter. The advantages of the
invention are discussed in the summary too. The summary represents the general
idea of the invention in a summarized form. The problems which existed
previously and were identified in the background of the invention are pointed out
in the summary with their solutions.
Patent Drawings:
A number of figures with numeral labelling are described and specified in patent
drawings. These descriptions and specifications point out the patent claims of the
invention. The invention is described visually with the help of patent drawings.
Drawings are made using structures – chemical or mechanical and charts and
graphs depending upon the technology. While submitting the drawing sheet, at the
right and left top corners of the sheet shall include name of an applicant and total
number of drawing. Whereas, every drawing sheet ends with a signature either of
an applicant or the agent authorizes by the applicant at the right bottom corner.
Patent Claims:
The most important part of the patent applications are patent claims. The subject
matter of the invention which distinguishes the invention from what is old is
written in the claims. Patentability of an invention is judged by the patent claims as
it defines the scope of the invention. The major function of the patent claim or
independent patent claims is to clearly define the scope of protection granted. The
patent claims must be supported by the invention disclosed in the descriptive part
of the patent drafting. The patent claims should be drafted from a new page and
each patent claim should be written in a new sentence. A reference numeral is
followed to mention the patent claim and to illustrate the patent drawings.
However, the patent claims of a patent specification must relate to the same
invention.
Websites: