Table of Content

1. Introduction.
2. Function of the specification.
3. Contents of Specification.
4. Requirements for complete specification.
5. Conclusion.
6. Bibliogrpahy.
Section 39: Contents of complete specification
(1) Every complete specification must—

(a) disclose the invention in a manner that is clear enough and complete
enough for the invention to be performed by a person skilled in the art; and

(b) disclose the best method of performing the invention that is known to the
applicant and for which there is an entitlement to claim protection; and

(c) end with a claim or claims defining the scope of the invention claimed;
and

(d) include any other prescribed information.

(2) The claim or claims must—

(a) relate to one invention only; and

(b) be clear and concise; and

(c) be supported by the matter disclosed in the complete specification.

(3) A complete specification filed after a provisional specification, or filed

with a convention application, may include claims concerning developments
of, or additions to, the invention that was described in the provisional
specification or the basic application (as the case may be) if those
developments or additions are developments or additions for which the
nominated person would be entitled to the grant of a separate patent under
this Act.

(4) If a complete specification claims a new substance, the claim must not be
construed as extending to that substance when found in nature
The complete specification - general
1. For an invention to be patentable it must be novel over what is already
known from the prior art base. Assessment of novelty of a claimed invention
is based on whether all of the features of that claim are known from a single
prior art document, see for example Ammonia’s Application, 49 RPC 409. A
mosaic of more than one document to find lack of novelty is not permissible,
see for example British Ore Concentration Syndicate v Mineral Separation
Ltd, 26 RPC 124 at page 147, and Lowndes’ Patent 45 RPC 48 at page 57.
Where it appears that a combination of more than one document would
anticipate a claimed invention, then it is possible that these documents could
be combined to find a lack of inventiveness i.e. the invention is obvious.

2. The complete specification should be the applicant's most complete

attempt at describing and defining the invention to allow the grant of a patent,
as adding missing materials after the filing date may lead to a loss of priority
date of the amended specification. The complete specification should
generally be a self-contained document with respect to the invention. The
specification must include a title of the invention, followed by a description
of the invention. The complete specification should include a description of
the invention, contain at least one claim and any drawings required to
illustrate the invention or other related matters.

3. The claims form part of the specification when filed with the specification
at the same time as the application filing date. The subject matter found in the
claims but not the description may be used to support the invention. Typically
the subject which is found only will be required to be moved into the
description to provide support for the claimed subject matter.

4. The purpose of the description is to disclose the invention clearly and

completely enough to allow it to be performed by a person skilled in the art,
and to provide support for the claimed invention. Where the description
includes a consistory clause or other statement (of invention), then the clause
or statement should be consistent with the claimed invention. The
specification should not be excessively long or contain material which is not
required in aiding understanding of the invention (Francis' Application, 27
RPC 87).
INTRODUCTION :
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
on the part of an applicant to disclose fully and particularly various features
constituting the invention.

The Specification may be filed either as a provisional or as a complete

specification. The specification (provisional or complete) is to be submitted in
Form-2 along with the Application in Form-1 and other documents, in duplicate,
along with the prescribed fee as given in the First Schedule of the Patents Act,
1970. The requirement for an adequate disclosure of the invention in the
specification ensures that the public receives knowledge, know-how and research
in return for the exclusionary or monopolistic rights that will be granted to the
inventor/applicant in an application for patent.

The relevance or say importance of the specification can be seen in the landmark
judgement of the Supreme Court in the case of Biswanath Prasad Radhey Shyam v.
Hindustan Metal Industries1, where the court had made reference to Arnold v.
Bradbury2, to arrive at the principle that the proper way to construe a specification
is not to read the claims first and then see what the full description of the invention
is, accordingly the description of the invention needs to be read first, in order for
the reader's mind may be prepared for what it is, that the invention is to be claimed
and also for the patentee that he cannot claim more that he desires to patent. From
the above discussed case, it is well understood that the specification is the
important aspect of an invention. When the meaning of a term in a claim is not
clear, the description will be relied upon to understand the term in context of what
is described in the specification. A complete specification in whole is important for
an invention.

Essential components of a complete specification are description, claims,

drawings, abstract and sequence listings, if any. All these essentials combine to
form a complete specification. The goal behind the full disclosure of the invention
in the specification part is that a person skilled in the art may be able to perform
the invention or more preferably an ordinary person can able to understand the
invention upto maximum extent.

Function of the specification:

The patent specification is designed to convey the full disclosure, particularly
including the best method of performing the invention.

Contents of Specification:
Section 10 of the Patents Act, 1970, clearly defines the various contents of
specification:

1. Title of the patent invention

2. Background of the invention
3. Summary of the invention/ Object of the Nvention
4. Explanation if any of the patent drawings
5. Description of the invention
6. Patent Claims
7. Patent Abstract of the disclosure
8. Sequence listing, if any

Title of the Invention:

The title should give a fair indication of the art or industry to which the invention
relates. It should be brief, free from fancy expressions, free from ambiguity and as
precise and definite as possible but it need not go into the details of the invention
itself and should be normally within 15 words. It should verbally agree with the
title stated in application. The followings are not allowable in the title: Inventor's
name; the word 'Patent'; words in other languages; the abbreviation "etc"; fancy
words ,e.g. "Washwell Soap", "Universal Rest Easy Patent Chair". The following
titles do not appear to be objectionable: Improved folding chair; railway rail chair;
improvements in pneumatic tyres; motorcar differential gear; filaments for electric
lamps; etc.

Field of the Invention

The description should preferably begin with a general statement of the invention
so as to indicate briefly the subject matter to which the invention relates, e.g. "This
invention relates to .....................".Thereafter, the advantages of the invention may
be mentioned to bring out clearly the areas of application and preferable use of the
invention. The applicant may substantiate industrial applicability of the invention
in this part.

Patent Abstract
a. Every complete specification shall be accompanied by an abstract to provide
technical information on the invention. The abstract shall commence with
the title of the invention.
b. 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.
c. 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 characterizes the invention.
d. 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.
e. The Controller may amend the abstract for providing better information to
third parties.
Summary of the invention:
The nature of the invention and technology domain is written in the summary of
the invention. It also includes main points of the detailed description of the
process, machine, manufacture or composition of matter. The advantages of the
invention are discussed in the summary too. The summary represents the general
idea of the invention in a summarized form. The problems which existed
previously and were identified in the background of the invention are pointed out
in the summary with their solutions.

Patent Drawings:
A number of figures with numeral labelling are described and specified in patent
drawings. These descriptions and specifications point out the patent claims of the
invention. The invention is described visually with the help of patent drawings.
Drawings are made using structures – chemical or mechanical and charts and
graphs depending upon the technology. While submitting the drawing sheet, at the
right and left top corners of the sheet shall include name of an applicant and total
number of drawing. Whereas, every drawing sheet ends with a signature either of
an applicant or the agent authorizes by the applicant at the right bottom corner.

Patent Claims:
The most important part of the patent applications are patent claims. The subject
matter of the invention which distinguishes the invention from what is old is
written in the claims. Patentability of an invention is judged by the patent claims as
it defines the scope of the invention. The major function of the patent claim or
independent patent claims is to clearly define the scope of protection granted. The
patent claims must be supported by the invention disclosed in the descriptive part
of the patent drafting. The patent claims should be drafted from a new page and
each patent claim should be written in a new sentence. A reference numeral is
followed to mention the patent claim and to illustrate the patent drawings.
However, the patent claims of a patent specification must relate to the same
invention.

Background of the Patent Invention:

Background of the invention contains references related to specific documents
which are related to the invention. The improvements needed by the invention
should be discussed in the background of the invention. Prior patent applications
are identified and written in the background section of the patent document. Key
features of the current invention and prior art are compared and discussed.

Detailed Description of the Patent Invention

i. The description of an invention is required to be furnished in sufficient detail
so that a complete picture of the invention can be obtained easily. Further,
the nature of improvements or modifications effected with respect to the
prior art should be clearly and sufficiently described. The details of
invention described here should be sufficient for a person skilled in the art to
perform the invention by developing necessary technical know-how by
himself. It can include examples / drawings or both for clearly describing
and ascertaining the nature of invention. Sufficient number of examples
must be included in the description especially related to the chemical
inventions.
ii. Reference to the drawings should be specific and preferably in the following
form: "This invention is illustrated in the accompanying drawings,
throughout which like reference letters indicate corresponding parts in the
various figures".
iii. The specification in respect of a Patent of Addition should contain at the
beginning of the description, a definite statement indicating an improvement
in or modification of, the original invention, and the serial number of the
application for patent in respect of the original invention should be quoted.
The specifications should also contain a short statement of the invention as
disclosed in the earlier specification.
iv. Terms in other languages, if any, used in the description should be
accompanied by their English equivalents. The use of vague slang words and
colloquialisms is objectionable and should be avoided.
v. If the invention is using biological material, such a material shall be
deposited for the completion of the application when such material is not
available to the public and cannot be described adequately as per the
provisions of the act. The deposition shall be made with the International
Depository Authority under the Budapest Treaty, on or before the date of
filing/priority. The International Depository Authority in India is Microbial
Type Culture Collection and Gene Bank (MTCC) –Chandigarh.
vi. Reference of such material shall be made in the specification within three
months from the date of filing giving all the available characteristics of the
material required for it to be correctly identified or indicated including the
 name, address of the depository institution and the date and number of the
deposit of the material at the institution.
vii. Further, the source and geographical origin of the biological material
specified in the specification also should be disclosed therein. viii) Sequence
listing may also be numbered in the specification if necessary in the case of
Biotechnology Inventions.
viii. Sequence listing should be given in electronic form.
ix. Access to the material is available in the depository institution only after the
date of the application of patent in India or after the date of the priority, if a
priority is claimed.
Requirements for complete specification :
Rule 9 of the Patents Rules, 2003, clearly highlights the requirements while
drafting the complete specification. All documents and copies of the documents,
except affidavits and drawings, filed with patent office, shall –

a. be typewritten or printed in Hindi or English (unless otherwise directed or

allowed by the Controller) in large and legible characters not less than 0.28
centimetre high with deep indelible ink with lines widely spaced not less
than one and half spaced only upon one side of the paper;
b. be on such paper which is flexible, strong, white, smooth, non-shiny, and
durable of size A4 of approximately 29.7 centimetre by 21 centimetre with a
margin of at least 4 centimetre on the top and left hand part and 3 centimetre
on the bottom and right hand part thereof;
c. be numbered in consecutive Arabic numerals in the centre of the bottom of
the sheet; and
d. contain the numbering to every fifth line of each page of the description and
each page of the claims at right half of the left margin.

In case of submission of sequence listing, sub rule 3 of rule 9, in case, the

application for patent discloses sequence listing of nucleotides or amino acid
sequences, the sequence listing of nucleotides or amino acid sequences shall be
filed in computer readable text format along with the application, and no print form
of the sequence listing of nucleotides or amino acid sequences is required to be
given.
Conclusion
It is true to said that the Patent specification is the face of an invention. It helps in
understanding the main aspects of the invention and what an invention tries to say.
The complete specification should be the applicant's most complete attempt at
describing and defining the invention. The complete specification should generally
be a self-contained document with respect to the invention. At most care is to taken
when drafting the complete specification and in the manner as defined relevant
section and rule of the Patents Act, 1970.
 References

Websites:

 http;//provisional specification requiremtents and the patent claims ry/

 https://taxguru.in/patent/ complete specification /provision-cg-act.html
 http://www.eepcindia.org/download/180309172550.pdf
 https://cbic-zlcx.gov.in/pdf/circularno-1-on-Proper-Officer.pdf