10. Contents of specification.-
(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 **[before 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
inventions for which protection is claimed.
*[(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 completed
by depositing **[the material to an international depository
authority under the Budapest Treaty] and by fulfilling the
following conditions, namely:-
**[(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.]
**[(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) 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. specification filed after a provisional specification
may include claims in specification filed after a provisional
specification may include claims in respect of developments
of, or additions 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.
*[Sub-clause 4(d) and (4A) inserted and sub-clause (5) substituted
by Patents (Amendment) Act, 2002, section 8]
**[Substituted by Patents (Amendment) Act, 2005, section
8]
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