Section 10: Content of Specification (Description Section) (India Patents Act)
Patent rights are granted in exchange for a detailed disclosure of the invention. As per the Patents Act, the applicant/inventor must provide every possible detail that would enable society to benefit from the invention.
Section 10 of the Patents Act lays down specific requirements that inventors/applicants must meet while filing a complete specification with the patent office. By understanding these requirements, you can make sure that your patent application meets the necessary criteria for patentability and is granted protection.
If you're looking to become a patent agent, this video is an invaluable resource to help you ace the patent agent examination. You'll learn about the nuances of patent law and procedure, including the disclosure requirements, and gain the expertise to advise clients on their patent filing strategy and protect their inventions' patentability.
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Patent Rights, Detail Disclosure, Society Benefit, Patents Act, Section 10, Complete Specification, Patentability, Patent Agent, Patent Law, Patent Procedure.
Пікірлер: 31
Thankyou got so much clarity after this
@AbhayPorwal
3 ай бұрын
Happy to hear that!
Thankyou for the beautiful explanation!
Thank you so much for such a wonderful explanation
@AbhayPorwal
Жыл бұрын
Like and share Please 🙂
God bless you Sir and plz add video with examples and hindi translation also..
@AbhayPorwal
7 ай бұрын
Thank you for the beautiful words. Please tell me what exactly do you need in Hindi?
@johalmegha8032
7 ай бұрын
As you explain everything in English explain in hindi also add the playlist for hindi also
Sir can we add new claim after receiving FER, claim which is related to field of invention not out of it???
@AbhayPorwal
Жыл бұрын
Amendments to claims are allowed - the scope of the claim can't be broadened, also, what was not claimed earlier can't be claim now.
Sir as per section 7(4),10(6) and rule 13(6) for convention or PCT national phase application Form 5 is to be filled with complete application as provisional application is not allowed or or form 2 and form 5 both are not allowed in this case. thanks
@AbhayPorwal
Жыл бұрын
Sujata, is this a question or clarification or you want me to clarify your understanding :-)
@sujatakumari-hy3ov
Жыл бұрын
@@AbhayPorwal Sir I am confused, it will be really helpful to me if you clarify.
@AbhayPorwal
Жыл бұрын
@@sujatakumari-hy3ov Form 5 should be filed with Form 2 as you file convention application. For an ordinary application, Form 5 can be filed with an extension of one month. With provisional application form 5 is not mandatory.
@sujatakumari-hy3ov
Жыл бұрын
@@AbhayPorwal thank you sir,thank you so much
Sir, Section 7(1) says every application shall be for one invention. Section 11(5) says claim shd relate to a single invention. Both are relatively same. Only difference is first one is specification and second is claims. But if a case law related to an invention with two inventive steps are given, which one should we quote. Am sorry for a lengthy query. Pls clarify
@AbhayPorwal
Жыл бұрын
Section 7 talks broadly about the expectation from a patent application, where you can't have multiple inventions in a single patent application. It is the claims that define how many different inventions are claimed in a patent application. Therefore, to respect the requirement of section 7(1), section 10(5) puts constraints on the claims to be related to a single invention.
hello sir, please explain rule 13(6) I found the language vague.
@AbhayPorwal
2 жыл бұрын
I agree the language is a bit tricky - What they intend to say is this: Form 5 only needs to be filed in case of complete specification filing (Not when you are filing a provisional application). Form 5 needs to be filed either at the time of filing the application or with an extension of 1 month. Here comes the catch --> In the case of the PCT national phase or convention application - the form 5 has to be filed at the time of filing itself - no extension. Let me know if this clears your doubt.
@shilpi9407
2 жыл бұрын
@@AbhayPorwal Thanks sir for quick reply,but it reads that except in the case of an application which is accompanied by c.s again this exception is except the conventional or pct application .?no where p.s is mentioned.
@AbhayPorwal
2 жыл бұрын
@@shilpi9407 except here is used to indicate that only in case of CS you are required to file F5, that leaves out P.S
@shilpi9407
2 жыл бұрын
@@AbhayPorwal thank s sir
Sir, If the declaration of inventorship is not filled with the application in form 5 then is it required an application made in form 4 to fill it within one month in form 5.Thank you
@AbhayPorwal
Жыл бұрын
Yes, Form 4 needs to be filed within one month from the filing date, in case you are not able to file Form 5 with the application. With this, you can either seek 1 month extension or further time based on Rule 138. What about convention or PCT national phase application - Can you use the above option??
@bharat97531
Жыл бұрын
@@AbhayPorwal Thank you sir, Yes I think the above rule does not apply to a convention application filled under PCT as per sub section 6 of rule 13.
@AbhayPorwal
Жыл бұрын
@@bharat97531 Very good!
Sir one small suggestion.. pls post the video on answers to previous year's solved Paper 2, for Part A and Part B. Thank you so much sir
@AbhayPorwal
Жыл бұрын
Hello, Sure, Thank you, I will try to put that up.
Hello sir,please explain 10(4)(ii)(C).
@AbhayPorwal
2 жыл бұрын
"access" is available after the filing date/priority date whatever the case. You might be getting confused with a similar language which says that upon publication, the depository make the material public isn't it?
@shilpi9407
2 жыл бұрын
@@AbhayPorwal yes sir please explain the difference.