Patents Rules, 2003
13. Specifications .—
specification, whether provisional or complete, shall be made in Form 2.
specification in respect of a divisional application under section 16 shall
contain specific reference to the number of the original application from which
the divisional application is made.
specification in respect of a patent of addition under section 54 shall contain
a specific reference to the number of the main patent, or the application for
the main patent, as the case may be, and a definite statement that the
invention comprises an improvement in, or a modification of, the invention
claimed in the specification of the main patent granted or applied for.
4. Where the
invention requires explanation through drawings, such drawings shall be
prepared in accordance with the provisions of rule 15 and shall be supplied
with, and referred to in detail, in the specification:
Provided that in the case of a complete specification, if the
applicant desires to adopt the drawings filed with his provisional
specification as the drawings or part of the drawings for the complete
specification, it shall be sufficient to refer to them in the complete
specification as those left with the provisional specification.
or other matter, not necessary, in the opinion of the Controller, for
elucidation of the invention, shall be excluded from the title, description,
claims and drawings.
6. Except in
the case of an application (other than a convention application or an
application filed under the Patent Cooperation Treaty designating India) which
is accompanied by a complete specification, a declaration as to the inventorship
of the invention shall be filed in Form 5 with the complete specification or at
any time before the expiration of one month from the date of filing of the
complete specification, as the Controller may allow on an application made in
Explanation. — For the purposes of this rule, the date of filing of the
complete specification with respect to an application corresponding to an
international application in which India is designated shall be reckoned from
the actual date on which the corresponding application is filed in India.
The abstract as specified under clause (d) of sub-section (4) of
section 10, accompanying the specification shall commence with the title of the
invention. The title of the invention shall disclose the specific features of
the invention normally in not more than fifteen words.
The abstract shall contain a concise summary of the matter
contained in the specification. The summary shall indicate clearly the
technical field to which the invention belongs, technical problem to which the
invention relates and the solution to the problem through the invention and
principal use or uses of the invention. Where necessary, the abstract shall
contain the chemical formula, which characterises the invention.
The abstract may not contain more than one hundred and fifty words.
If the specification contains any drawing, the applicant shall
indicate on the abstract the figure, or exceptionally, the figures of the
drawings which may accompany the abstract when published. Each main feature
mentioned in the abstract and illustrated by a drawing shall be followed by the
reference sign used in that drawing.
The abstract shall be so drafted that it constitutes an efficient
instrument for the purposes of searching in the particular technical field, in
particular by making it possible to assess whether there is a need to consult
the specification itself.
period within which reference to the deposit shall be made in the specification
under sub-clause (A) of clause (ii) of sub-section (4) of section 10 shall be
three months from the date of filing of the application.