`

EVERYTHING ABOUT THE PATENTS ACT, 1970

 Inventions which are Not Patentable -

1. Inventions falling within the Scope of Section – 3 of The Patent Act, 1970
2. Inventions relating to Atomic Energy {Section – 4 of The Patent Act, 1970}.

Persons who are entitled to apply for Patents

1. True and First Inventor.

2. Assignee of the true and First Inventor
3. Legal Representative of the deceased person who was entitled to make such application.

 This application may be made either alone or jointly with other persons

Form of the Patent Application

1. Application for the patent shall be for 1 invention only.

1A. International Application under PCT filed designating India shall be an application under
this Act.

1B. Filing date of an International Application under PCT shall be international filing date
accorded under PCT.

2. If an application is made by virtue of an assignment of a right to apply for a patent for the
invention then the applicant is required to give a proof of right to make such application,
either at the time of filing the application or within six months of the date of filing of the
application.

3. Every application shall state that the applicant is in possession of the invention and it
shall name the person claiming to be the first and true inventor and if the person claiming
is neither the applicant or one of the applicants that the application shall state a
declaration that the applicant believes that the person so named to be the true and first
inventor.

4. Every such application shall be accompanied by a provisional or complete specification.

PROVISONAL AND COMPLETE SPECIFICATION

1. If an application for a patent is accompanied by provisional specification, a complete

specification shall be filed within TWELVE MONTHS from the date of filing of the
application and if not done so THE APPLICATION SHALL BE DEEMED TO BE
ABANDONED.
`

2. Where an applicant submits two or more patent application accompanied by provisional

specifications in respect of Inventions which are Cognate or where one is a modification
of another, and if Controller is of the opinion that such inventions can be constituted as a
single invention then he may allow ONE COMPLETE SPECIFICATION to be filed for
all such provisional specifications.

3. When an application for a patent is accompanied by a specification purporting to be a

complete specification, the Controller can direct that such specification be treated as a
provisional specification if the application requests so at any time within twelve months
from the date of filing of the application.

4. Where a complete specification has been filed in pursuance of an application for a patent
accompanied by a provisional specification or by a specification being treated as a
provisional specification by virtue of sub-section (3) the Controller may cancel the
provisional specification and post-date the application to the date of filing of complete
specification if the applicant so requests at any time granting of a patent.

WHAT SHALL A SPECIFICATION ENCOMPASS

1. Shall describe the Invention and begin with a title which should sufficiently indicate the
subject-matter to which the invention relates.

2. Drawing shall be supplied for the purpose of any specification if the Controller so
requires and such drawings shall be deemed to form part of the specification.

3. If the Controller considers that an application should be further supplemented by a model

or sample illustrating the invention then such sample or model shall be furnished before
the application in order for grant of a patent.

4. Every complete specification shall –

(a) Fully and particularly describe the invention and its operation of 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.
(c) End with a claim defining the scope of the invention for which protection is claimed.
(d) Be accompanied by an abstract to provide technical information on the information.

4A. In case of an international application designating India, the TITLE, DESCRIPTION,

DRAWINGS, ABSTRACT, CLAIMS filed with application shall be taken as complete
specification.
`

5. The claims of a complete specification shall relate to a single invention and shall be clear
and succinct.

6. A declaration as to the inventor ship of the invention shall be furnished in the prescribed
form with complete specification or within such period as it is prescribed.

PRIORITY DATES OF CLAIMS OF A COMPLETE SPECIFICATION

1. There shall be a priority date for each claim of a complete specification.

2. Where a complete specification is filed in pursuance of a single application accompanied

by a provisional specification or a specification which can be treated as a provisional
specification by a directed under sub-section (3) of Section 9 then, the priority date shall
be date of filing of relevant specification.

3. Where the complete specification is filed in pursuance of two or more applications

accompanied by such specifications mentioned in sub-section (2) and claim is fairly
based on the matter disclosed in –

(a) One of those specifications, the priority date of that claim shall be the date of the
filing of the application accompanied by that specification.
(b) Partly in one and partly in another then the priority date of that claim shall be date of
filing of the application accompanied by the specification of later date.

3A.Where a complete specification based on a previously filed application has been filed
within 12 months from the date of that application and the claim is fairly based on matter
disclosed in the previously filed application then the priority date of that claim shall be
the date of the previously filed application in which the matter was disclosed

4. Where a complete application has been filed in pursuance of a further application made
by virtue of sub-section (1) of Section – 16 and claim is based on the matter disclosed in
earlier application then the priority date of that claim shall be the date of previously filed
application in which the matter was first disclosed.

5. Where any claim of a complete specification would have two or more priority dates, te
priority date of that claim shall be the earlier or earliest of those dates.

6. In any other case the priority date of a claim subject to provisions of Section-137 shall be
the date of filing of the complete specification.

PUBLICATION AND EXAMINATION OF APPLICATIONS

`

1. No application for patent shall be open to public for such period as may be prescribed.

2. Applicant can request the controller to publish his application at any time before the
expiry of the period given under sub-section (1) and subject to the provisions of sub-
section (3).

3. Applications which cannot be published before the expiry of the period specified –

(a) Applications in which secrecy direction is imposed under Section – 35

(b) Applications abandoned under sub-section (1) of Section- 9
(c) Applications which have been withdrawn three months prior to the period specified
under sub-section (1).

4. If secrecy direction given u/s – 35 then application shall be published after the expiry of
period prescribed under sub-section (1) or when secrecy direction has ceased to operate.
whichever is later

5. Publication of every application shall include particulars of date of application, number of

application, name and address of the applicant identifying the application and an abstract.