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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.14 [2009] >
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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