All about Complete
Specification of Patent
What is Complete Specification of Patent?
The Complete
Specification is a techno-legal document containing full scientific
details of the invention and claims to the patent rights. In order to
obtain a patent, an applicant must fully and particularly describe the
invention therein claimed in a complete specification.
One can
directly file complete specification or after provisional.
After filing a Provisional
specification, it is necessary to file a Complete specification within 12
months.
Most of the things are same for
complete specification as that of provisional. Click here to read about
provisional patent filing and to know about various FORMs
The contents of a complete specification would include the
following:
- Title
of the invention
- Field
to which the invention belongs.
- Background
of the invention including prior art giving drawbacks of the known
invention practices.
- Complete
description of the invention along with experimental results.
- Drawings
are essential for understanding the invention.
- Abstract
- Claims,
which are statements, related to the invention on which legal
proprietorship is being sought. Thus, the claims need to be drafted
carefully.
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Things to Note for those who have Filed Provisional
Specification:
1. You can
change the title in Complete Specification.
2. You may need to
submit cover letter briefing about your provisional and complete title and dates of filing.
3. As you
have paid the fees during provisional fees you don’t have to pay fees for filing,
but only for examination and extra pages. Refer here.
4. Edit
your forms carefully.
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FORM 2 details
The first page of Form 2 shall contain:
1. Title of the invention;
2. Name, address and nationality of each of the applicants
for the Patent
3. The preamble to the description.
4. Description
5. Claims
6. Date and Signature
7. Abstract of the invention
Most of the things
regarding FORM 2 are explained in the blog on provisional specification. Click here
Other Changes and important
things are described below:
1. PREAMBLE TO THE
DESCRIPTION
The complete specification should start with,
“The following
specification particularly describes the invention and the manner in which it
is to be performed…”
2. ABSTRACT
Every complete specification shall be accompanied by an abstract to
provide technical information on the invention.
So how to write
Abstract?
The abstract of your patent
application is a short summary (150 words or fewer) that communicates
the essence of your invention. Abstracts are useful mainly for searching patent
database. You should write your abstract so that those with a background in the
field can easily understand it. The person searching should quickly be able to
get a sense of what your invention is so that they can decide whether they need
to read the rest of the document.
To get the abstract
right, you need to have an idea that is worth shareable and then clearly
describe
1.
The
problem statement,
2.
Why
it’s important to be explored?
3.
What
was done to understand it?
4.
How
the previous problem has been solved?
3. CLAIMS
Claims are
the most important part of a patent which defines the boundaries of patent
protection. Patent claims are the legal basis for your patent protection. They form a
protective boundary line around your patent that lets others know when they are
infringing on your rights. The limits of this line are defined by the words and
phrasing of your claims. When writing this section, you should
consider the scope, characteristics, and structure of the claims.
How to write Claims?
Scope
Each claim should have only one meaning which can be either
broad or narrow, but not both at the same time. In general, a narrow claim
specifies more details than a broader claim. Having many claims, where each one is a different scope
allows you to have legal title to several aspects of your invention. In other
way, claims can be classified as dependent and independent. The first claim is
always Independent claim and others are dependent. Though there can be
independent claims too.
Claim 8 of the same patent is narrower
in scope and focuses on a specific aspect of one element of the invention. Try
reading through the claims for this patent and notice how the section begins
with broad claims and develops towards claims that are narrower in scope.
Important Characteristics
Three
criteria to take note of when drafting your claims are that they should clear, complete, and supported. Every
claim must be one sentence, as long
or as short a sentence as required to be complete.
Be Clear
Your
claim must be clear so that you do not cause the reader to speculate about the
claim. If you find yourself using words such as "thin",
"strong", "a major part", "such as", "when
required", then you are probably not being clear enough. These words force
the reader to make a subjective judgment, not an objective observation.
Be Complete
Each
claim should be complete so that it covers the inventive feature and enough
elements around it to put the invention in the proper context.
Be Supported
All the
characteristics of your invention that form part of the claims must be fully
explained in the description. In addition, any terms you use in the claims must
be either found in the description or clearly inferred from the description.
Structure
A claim
is a single sentence composed of three parts: the introductory phrase, the body
of the claim, and the link that joins the two.
The introductory
phrase identifies the category of the invention and sometimes the purpose,
for example, a machine for waxing paper, or composition for fertilizing the soil.
The body of the claim is the specific legal description of the exact invention
which is being protected.
The linking consists of words and phrases
such as:
●
which
comprises
●
including
●
consisting
of
●
consisting
essentially of
Note that the linking word or phrase
describes how the body of the claim relates to the introductory phrase. The
linking words are also important in assessing the scope of the claim as they
can be restrictive or permissive in nature. In the following example, "A
data input device" is the introductory phrase, "comprising" is
the linking word and the rest of the claim is the body.
Example
of a Patent Claim
"A a data input device comprising: an input surface adapted to be locally exposed to
a pressure or pressure force, a sensor means disposed below the input surface
for detecting the position of the pressure or pressure force on the input
surface and for outputting an output signal representing said position and, an
evaluating means for evaluating the output signal of the sensor means."
Keep in Mind
Just
because one of your claims is objected to does not mean that the rest of your
claims are invalid. Each claim is evaluated on its own merit. This is why it is
important to make claims on all aspects of your invention to ensure that you
receive the most protection possible. Here are some tips on writing your
claims.
●
Decide
which are the essential elements of your invention that you want to claim
exclusive rights to. These elements should be the ones that distinguish your
invention from known technology.
●
Begin
with your broadest claims and then progress to narrower claims.
●
Start
claims on a new page (separate from the description) and number each claim
using Arabic numbers starting with 1.
●
Precede
your claims with a short statement such as "I claim:". In some
patents, this reads as "The embodiments of the invention in which an
exclusive property or privilege is claimed are defined as follows:"
●
Check
to see that each claim consists of an introduction, linking word, and body.
One way of ensuring that specific
inventive features are included in several or all claims is to write an initial
claim and refer to it in claims of narrower scope. This means that all the
features in the first claim are also included in the subsequent claims. As more
features are added the claims become narrower in scope.
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After
filing a provisional specification, you will get 12 months to complete it.
Suppose if you need more time, then fill and submit the Extension Form which
grants the permission of 3 months extension i.e., you will get 15 months after the date of filing (provisional specification) to complete it.
Let us
understand the extension form-
FORM 4: REQUEST FOR
EXTENSION OF TIME
1. Name of the applicant
and declaration, the reason for an extension.
2. Signature
3. Name of Signee
…………………………………………………………………………………………………………
AFTER FILING COMPLETE SPECIFICATION:
For Grant
of the patent, you need to submit Examination Form. Many submit examination form
along with Complete Specification. But it is not necessary. If you want time
for model making or more study you can file Examination form later.
Details of
Examination Form-
FORM 18 Request/Express Request for Examination of Application for
Patent
1. Applicant Details
2. Declaration
4. Address for Service
5. Signature
……………………………………………………………………………………………………………………………………………….
WE are
grateful for your time. The main purpose of this article was to provide a
simple informative article by collecting data from various sources at one place
and combining it with our personal experience. We have linked all the sources
there and then when the text appears.
Contact Details:
Lakhan Meghani - lakhanmeghani9130@gmail.com
Omkar Nanaware - Omkn663@gmail.com
Thanks for sharing.
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