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JIPR Vol.14(5) [September 2009] >


Title: Patent Specification: Engineering the Technical Output of Novel Invention
Authors: Baruah, Anjana
Keywords: : Contents of specification
patent statute
written description
complete specification
disclosure
prior art search
statement of invention
Issue Date: Sep-2009
Publisher: CSIR
Abstract: The contents of a patent specification, also called as ‘the disclosure’, are the ‘written description’ of an invention. The layout of specification varies from place to place, however the essence of contents of specification is same throughout the world, because disclosure of specification is the basis to establish novelty and non obviousness of an invention which is essential to get grant of a patent. Moreover if any dispute arises, the Court of Law would settle the case based on contents of specification. Section 10 of Indian Patents (Amendment) Act, 2005 defines contents of specification; although it is not an exhaustive guideline to patent applicants, it gives an outline as to the layout of specification to express the technical output of invention into written description. Patent specification is equivalent to a scientific research article as both are written descriptions of inventions except the fact that patent specification is a techno legal document and the description of specification should establish novelty and non-obviousness of an invention. Therefore, as compared to scientific research article, description of patent specification is more comprehensive and requires some more elements to disclose invention. With the advent of Internet, granted patent specifications are available at free databases or websites of some Patent Offices. Patent statute and patent documents which are available on Internet provide vital guideline to transform novel invention into technical contents of patent specification. This article describes the statutes and the practice that may be regarded as guidelines to disclose an invention in a patent specification
Page(s): 423-431
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.14(5) [September 2009]

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