14.3.1 (FOR PATENTS - APPLICATIONS)

Persons entitled to apply for patents (s. 6). A patent application can be made by (a) any person claiming to be the true and first inventor of the invention; or (b) any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application, or (c) the legal representative of any deceased person, who immediately before his death was entitled to make such an application.

The patent application may be made by any of the above persons either alone or jointly with any other person.

14.3.2 Form of application (s. 7). Every application for a patent shall be for one invention only. The application is to be made in the prescribed form (available in the patent office), and is to be filed in the patent office. Where an application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application and within such period as may be prescribed after the filing of the application, the proof of the right to make the application.

Every application under this section shall state that the applicant is in possession of the invention and shall name the owner claiming to be the true and first inventor. However, then the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.

Further every such patent application made by a citizen of India id to be accompanied by a provisional or a complete specification. However, in the case where the patent application is made lay a foreign national of a convention country then the patent application is to be accompanied by a complete specification.

14.3.3 Information and undertaking regarding foreign applications (s. 8). The Act makes special provisions for patent applications. Every foreign application shall contain information setting out the name of the country where the application is being pursued, the serial number and date of filing of the application and such other particulars as may be prescribed. Further, the foreign patent-applicant is required to give an undertaking that up to the date of acceptance of the complete specification by the Controller he would keep the Controller informed in writing of the details and development in any patent application filed outside India.

14.3.4 Provisional and complete specification (s. 9). The patent application should be accompanied by a provisional or complete specification. Where the application is accompanied by a provisional specification, a complete specification should be filed within 12 months from the date of filing the application. If this is not done, the application shall be deemed to be abandoned. The time period of 12 months

may be extended to 15 months if such request for extension is accepted by the controller.

14.3.5 Contents of specification (s. 10). A description of the invention is called the 'specification'. The grant of patent should describe the invention and begin with a title sufficiently indicating the subject matter to which the invention relates. Drawings m ay, and shall, if the Controller so requires, be supplied for the purpose of any specification. Any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification. Further, in any particular case, if the Controller may require that an application should be further supplemented by a model or sample of anything illustrating the invention. However, such model or sample shall not be deemed to form part of the specification.

A specification may be provisional or complete. A provisional specification gives the initial description of an invention when the application is filed. The Act does not lay down as to what should be the contents of a provisional specification. On the other hand, a complete specification is such which enables a reasonably well informed artisan, technologist, or skilled person, dealing with the subject matter with which he is familiar to make the thing so as to make it available for the public at the end of the protected period. This section lists the contents of a complete specification. These are: (i) fully and particularly describe the invention and its operation or use and the method by which it is to be performed, (ii) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (iii) end with a claim or claims defining the scope of the invention for which protection is claimed, (iv) the claim or claims should relate to a single invention only and should be clear and succinct and be fairly based on the matter disclosed in the specification; (v) the drawings, if required to be supplied by the controller, shall form part of the specification; (vi) a declaration as to inventorship of the invention.

14.3.6 Priority dates of claims of a complete specification (s.11). The Act provides for a priority date for each claim of a complete specification.