Section 10 – THE PATENTS ACT, 1970
Contents of specifications (1) Every specification, whether provisional or complete, shalldescribe the invention and shall begin with a title sufficiently indicating the subject-matterto which the invention relates.(2) Subject to any rules that may be made in this behalf under this Act, drawings may, andshall, 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 Controllerotherwise directs be deemed to form part of the specification, and references in this Actto a specification shall be construed accordingly.(3) If, in any particular case, the Controller considers that an application should be furthersupplemented by a model or sample of anything illustrating the invention or alleged toconstitute an invention, such model or sample as he may require shall be furnished beforethe application is found in order for grant of a patent, but such model or sample shall notbe 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 methodTHE PATENTS ACT, 1970Page 13by which it is to be performed;(b) disclose the best method of performing the invention which is known to theapplicant 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 isclaimed;(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 tothird parties; and(ii) if the applicant mentions a biological material in the specification which may not bedescribed in such a way as to satisfy clauses (a) and (b), and if such material is notavailable to the public, the application shall be completed by depositing the materialto an international depository authority under the Budapest Treaty and by fulfillingthe following conditions, namely:—(A) the deposit of the material shall be made not later than the date offiling the patent application in India and a reference thereof shall bemade in the specification within the prescribed period;(B) all the available characteristics of the material required for it to becorrectly identified or indicated are included in the specificationincluding the name, address of the depository institution and thedate and number of the deposit of the material at the institution;(C) access to the material is available in the depository institution onlyafter the date of the application of patent in India or if a priority isclaimed after the date of the priority;(D) disclose the source and geographical origin of the biological materialin 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 specificationfor the purposes of this Act.(5) The claim or claims of a complete specification shall relate to a single invention, or to agroup of inventions linked so as to form a single inventive concept, shall be clear andsuccinct and shall be fairly based on the matter disclosed in the specification.(6) A declaration as to the inventor ship of the invention shall, in such cases as may beprescribed, be furnished in the prescribed form with the complete specification or withinsuch 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 aprovisional specification may include claims in respect of developments of, or additions to,the invention which was described in the provisional specification, being developments oradditions in respect of which the applicant would be entitled under the provisions ofsection 6 to make a separate application for a patent. 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