Home » Section 10 Indian Patents Act 1970 (Contents of specifications)

Section 10 Indian Patents Act 1970 (Contents of specifications)

OTHER INDIAN LAWS 1. Short title, extent and commencement 2. Definitions and interpretation 3. What are not inventions 4. Inventions relating to atomic energy not patentable. 5. Omitted. 6. Persons entitled to apply for patents 7. Form of application. 8. Information and undertaking regarding foreign applications. 9. Provisional and complete specifications 10. Contents of specifications. 11. Priority dates of claims of a complete specification. 11A. Publication of applications. 11B. Request for examination. 12. Examination of application. 13. Search for anticipation by previous publication and by prior claim. 14. Consideration of the report of examiner by Controller. 15. Power of Controller to refuse or require amended applications, etc., in certain case. 16. Power of Controller to make orders respecting division of application. 17. Power of Controller to make orders respecting dating of application. 18. Powers of Controller in cases of anticipation. 19. Powers of Controller in case of potential infringement. 20. Powers of Controller to make orders regarding substitution of applicants, etc. 21. Time for putting application in order for grant. 22. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the patent. 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent. 27. Omitted. 28. Mention of inventor as such in patent. 29. Anticipation by previous publication. 30. Anticipation by previous communication to Government. 31. Anticipation by public display, etc. 32. Anticipation by public working. 33. Anticipation by use and publication after provisional specification. 34. No anticipation if circumstances are only as described in sections 29,30,31 and 32. 35. Secrecy directions relating to inventions relevant for defence purposes. 36. Secrecy directions to be periodically reviewed. 37. Consequences of secrecy directions. 38. Revocation of secrecy directions and extension of time. 39. Residents not to apply for patents outside India without prior permission. 40. Liability for contravention of section 35 or section 39. 41. Finality of orders of Controller and Central Government. 42. Savings respecting disclosure to Government. 43. Grant of patents. 44. Amendment of patent granted to deceased applicant. 45. Date of patent. 46. Form, extent and effect of patent. 47. Grant of patents to be subject to certain conditions. 48. Rights of patentees. 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India 50. Rights of co-owners of patents. 51. Power of Controller to give directions to co-owners. 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him. 53. Term of patent. 54. Patents of addition. 55. Term of patents of addition. 56. Omitted. 57. Amendment of application and specification or any document related thereto before Controller. 58. Amendment of specification before Appellate Board or High Court. 59. Supplementary provisions as to amendment of application or specification. 60. Applications for restoration of lapsed patents. 61. Procedure for disposal of applications for restoration of lapsed patents 62. Rights of patentees of lapsed patents which have been restored 63. Surrender of patents. 64. Revocation of patents. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. 66. Revocation of patent in public interest. 67. Register of patents and particulars to be entered therein. 68. Assignments, etc., not to be valid unless in writing and duly executed. 69. Registration of assignments, transmissions, etc. 70. Power of registered grantee or proprietor to deal with patent. 71. Rectification of register by Appellate Board. 72. Register to be open for inspection. 73. Controller and other officers. 74. Patent office and its branches. 75. Restriction on employees of patent office as to right or interest in patents. 76. Officers and employees not to furnish information, etc. 77. Controller to have certain powers of a civil court. 78. Power of Controller to correct clerical errors, etc. 79. Evidence how to be given and powers of Controller in respect thereof. 80. Exercise of discretionary powers by Controller. 81. Disposal by Controller of applications for extension of time. 82. Definition of “patented articles” and “patentee”. 83. General principles applicable to working of patented inventions 84.Compulsory licences. 85. Revocation of patents by the Controller for non-working. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases. 87. Procedure for dealing with applications under sections 84 and 85. 88. Powers of Controller in granting compulsory licences. 89. General purposes for granting compulsory licences. 90. Terms and conditions of compulsory licences. 91. Licensing of related patents. 92. Special provision for compulsory licences on notifications by Central Government. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. 93. Order for licence to operate as a deed between parties concerned. 94. Termination of compulsory licence. 95-98. (Omitted). 99. Meaning of use of invention for purposes of Government. 100. Power of Central Government to use inventions for purposes of Government. 101. Rights of third parties in respect of use of invention for purposes of Government. 102. Acquisition of inventions and patents by the Central Government. 103. Reference to High Court of disputes as to use for purposes of Government. 104. Jurisdiction. 104A. Burden of proof in case of suits concerning infringement. 105. Power of court to make declaration as to non-infringement. 106. Power of court to grant relief in cases of groundless threats of infringement proceedings. 107. Defences, etc., in suits for infringement 107A. Certain acts not to be considered as infringement. 108. Reliefs in suit for infringement. 109. Right of exclusive licensee to take proceedings against infringement. 110. Right of licensee under section 84 to take proceedings against infringement. 111. Restriction on power of court to grant damages or account of profits for infringement. 112. Omitted. 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof. 114. Relief for infringement of partially valid specification. 115. Scientific advisers. 116. Appellate Board. 117. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 118. Contravention of secrecy provisions relating to certain inventions. 119. Falsification of entries in register, etc. 120. Unauthorised claim of patent rights. 121. Wrongful use of words “patent office”. 122. Refusal or failure to supply information. 123. Practice by non-registered patent agents. 124. Offences by companies 125. Register of patent agents. 126. Qualifications for registration as patent agents. 127. Rights of patent agents. 128. Subscription and verification of certain documents by patent agents. 129. Restrictions on practice as patent agents. 130. Removal from register of patent agents and restoration. 131. Power of Controller to refuse to deal with certain agents. 132. Savings in respect of other persons authorised to act as agents. 133. Convention countries. 134. Notification as to countries not providing for reciprocity. 135. Convention applications. 136. Special provisions relating to convention application. 137. Multiple priorities. 138. Supplementary provisions as to convention applications. 139. Other provisions of Act to apply to convention applications. 140. Avoidance of certain restrictive conditions. 141. Determination of certain contracts. 142. Fees. 143. Restrictions upon publication of specification. 144. Reports of examiners to be confidential. 145. Publication of official journal. 146. Power of Controller to call for information from patentees. 147. Evidence of entries, documents, etc. 148. Declaration by infant, lunatic etc 149. Service of notices, etc., by post. 150. Security for costs. 151. Transmission of orders of courts to Controller. 152. Omitted. 153. Information relating to patents. 154. Loss or destruction of patents. 155. Reports of Controller to be placed before Parliament. 156. Patent to bind Government. 157. Right of Government to sell or use forfeited articles. 157A. Protection of security of India. 158. Power of High Courts to make rules. 159. Power of Central Government to make rules. 160. Rules to be placed before Parliament. 161. Omitted. 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings. 163. Omitted. 164. Omitted.

Section 10 Indian Patents Act 1970

Section 10 of the Indian Patents Act 1970 is about Contents of specifications. It is under CHAPTER III of the Act. CHAPTER III is titled APPLICATIONS FOR PATENTS.

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Contents of specifications

(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 1[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 invention 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 3[the material to an international depository authority under the Budapest Treaty] and by fulfilling the following conditions, namely:–

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[(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 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) Incase 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.

(7) Subject to the foregoing provisions of this section, a complete 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.

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See also:

Section 9 Indian Patents Act 1970 (Provisional and complete specifications.)

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