SECTION 10 CONTENTS OF

SPECIFICATIONS
q  Specification describe the invention
begin with a title sufficiently
indicating the subject matter of the invention.
q  Controller may ask for drawings in respect of
the invention and if he wants can be treated
as a part of the specifications.
q  Controller model/sample illustrate the
invention
model or sample not deemed to be a
part of specification
q  Complete specification
describe invention + operation/ use +
method of performance
best method of performing
end with a claim/ claims defining the scope
of the invention
abstract to provide technical information
(Controller may amend the abstract to
provide better information.)
q  International application designation in India
title, description, drawings, abstract and
claims complete specification.
q  Claim/ claims single invention
q  Declaration of inventor ship

q  Additions or alteration can be included in

complete specification
 SECTION 11 PRIORITY DATES OF CLAIMS
q  Priority date : date on which the patentee
claims his invention.
q  Claim: monopoly to use the invention. It is the
legal operative part of patent.
q  No legal rights given unless it is claimed
q  Define clearly and precisely the monopoly to be
secured and others to know the boundaries
where they would be trespassers.
q  Section 2(1)(w):Priority date given under
section 11.
q  Priority date would be the date of filing of the
specification.
 SECTION 11 A PUBLICATION OF
APPLICATIONS
q  Application open to public after the expiry of
period prescribed. (18 months)
q  Applicant may request the Controller to
publish the application before the expiry
of the period Controller shall publish it as
soon as possible.
q  Application published after the expiry of the
period, except
Secrecy directions issued u/s 35
Application abandoned u/s 9(1)
Withdrawn 3 months prior to expiry.
q  Secrecy direction in respect of an
application publication after the expiry
of the period.
q  Publication includes:
date of application
number of application
name & address of applicant
an abstract
q  On and from the date of publication –
applicant to have like privileges and rights as
if patent granted
 SECTION 11 B REQUEST FOR
EXAMINATION

q  Application only examined – request made

by the applicant/ interested person.
q  Does not make the request for examination
– application taken to be withdrawn.
( Request made in Form 19
fees 1000/ -for individual
3000/- legal entity)
 SECTION 12 EXAMINATION OF
APPLICATION
q  request for examination the application +
specifications + other documents

referred by Controller

Examiner

Report
-  Whether all documents are in accordance with the
requirements of the Act
-  lawful ground of objection
-  Result of investigation
-  Any other matter
 SECTION 13 SEARCH FOR ANTICIPATION
q  the examiner to make investigation about
anticipation:
-  Invention should not have been anticipated
before the date of filing complete specification
-  is claimed in any other complete specification
after the date of applicants complete
specification.
q  In addition examiner to make investigation for
ascertaining whether the invention claimed has
been anticipated by publication in India or
elsewhere in any other document.
q  Complete specification amended before the
grant amended complete specification
examined and investigated in like manner as
original specification.
q  Any investigation no liability incurred by
Central Government/officer in respect/
connection to the investigation.
 SECTION 14 REPORT OF EXAMINER
q  report of the examiner given to Controller

adverse to the applicant/ requires any

amendment of application, specification/
document

to ensure compliance with the provisions of

this Act

communicate gist of the objections to

applicant+ opportunity of being heard.
SECTION 15 POWER OF THE CONTROLLER
TO REFUSE
If the Controller is satisfied

Application/specification/any other document is

not in compliance with this Act

May refuse the application or ask for

amendment.

If amendment not done then refuse the

application.
 SECTION 16 DIVISION OF APPLICATION

q  application relates to more than one

invention- defect can be rectified by filing a
further application
Ò  further application can be filed

suo motto
remedy the objections raised by
the Controller
q  first application “ main application”

q  further application “divisional application”

Ò  further application to include complete
specification but should not include any
matter not in substance in earlier
specification.