Provisional and complete specifications
—(1) Where an application for a patent (not being a
convention application or an application filed under the Patent Cooperation Treaty
designating India) is accompanied by a provisional specification, a complete specification
shall be filed within twelve months from the date of filing of the application, and if the
complete specification is not so filed, the application shall be deemed to be abandoned.
(2) Where two or more applications in the name of the same applicant are accompanied by
provisional specifications in respect of inventions which are cognate or of which one is a
modification of another and the Controller is of opinion that the whole of such inventions
are such as to constitute a single invention and may properly be included in one patent, he
may allow one complete specification to be filed in respect of all such provisional
specifications.
Provided that the period of time specified under sub-section (1) shall be reckoned
from the date of filing of the earliest provisional specification.
(3) Where an application for a patent (not being a convention application or an application
filed under the Patent Cooperation Treaty designating India) is accompanied by a
specification purporting to be a complete specification, the Controller may, if the
applicant be requests at any time within twelve months from the date of filing of the
application, direct that such specification shall be treated, for the purposes of this Act, as
a provisional specification and proceed with the application accordingly.
(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 treated by virtue of a
direction under sub-section (3) as a provisional specification, the Controller may, if the
applicant so requests at any time before grant of patent, cancel the provisional
specification and post-date the application to the date of filing of the complete
specification.
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