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ARTICLE · 07 DECEMBER 2016

Patent Specification - Where The Rubber Meets The Road

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In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed in a complete specification.

IndiaIntellectual Property
Aayush Sharma
Aayush Sharma
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Section 10(4) of the Patents Act , 1970

" ... every complete specification shall- fully and particularly describe the invention and its operation or use and the method in which it is to be performed; disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection..."

In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed in a complete specification. The disclosure of the invention in a complete specification must be such that a person skilled in the art may be able to perform the invention. This is possible only when an applicant discloses the invention fully and particularly including the best method of performing the invention. The Specification is a techno-legal document containing full scientific details of the invention and claims to the patent rights. The Specification, thus, forms a crucial part of the Patent Application. It is mandatory

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