| An application for a patent can be filed by the | | | | the invention. Written Description generally starts |
| true and first inventor. The assignee or legal | | | | with a background of the invention. It explains the |
| representative of the inventor can also file it. It | | | | invention clearly and comprehensively, with the |
| can be filed individually or jointly. If an application is | | | | help of examples, drawings and models, where |
| filed by the assignee, proof of assignment has to | | | | and when required.d) Drawings |
| be submitted along with the application. The | | | | The written description might be supplemented |
| applicant can be national of any country. | | | | with clearly labeled drawings, where and when |
| An application can be filed directly at the Indian | | | | required.e) Samples or Models |
| Patent Office or via the Patent Cooperation | | | | On initiative of the inventor or when required by |
| Treaty having a corresponding Indian application or | | | | the patent examiner samples or models might be |
| in the form of a Conventional application. A patent | | | | submitted to the patent office. Such samples or |
| application can be filed at any of the four patent | | | | models will provide a better understanding of the |
| offices in India. Patent Offices are located at | | | | invention.f) Enablement and Best Mode |
| Kolkata, New Delhi, Chennai and Mumbai. | | | | The applicant has to enable his invention in order |
| Every application filed directly at Indian Patent | | | | to allow a person with ordinary skill in the art to |
| Office shall be accompanied by a provisional or | | | | make and work the invention. He should not only |
| complete specification. In case of PCT or | | | | enable, but also describe the best mode of |
| Convention application, applicant can file only the | | | | carrying out the invention.g) Claims |
| complete specification. Provisional applications are | | | | Claims define the metes and bounds of the |
| generally filed at a stage where some | | | | invention. They are the most important elements |
| experimentation is required to perfect the | | | | in a specification.h) Deposit |
| invention. A complete specification has to be filed | | | | If an invention involves microorganisms, which |
| within 12 months extendable to 15 months from | | | | cannot be described by writing, a sample of the |
| the date of filing of the provisional specification. If | | | | microorganism has to be deposited at an |
| an application is filed with a complete specification, | | | | internationally recognized depository. There is an |
| the Controller on request has the power to | | | | internationally recognized depository at Chandigarh, |
| convert the complete specification into a | | | | in India |
| provisional one. If a complete specification follows | | | | A provisional specification cannot be filed if an |
| a provisional specification, the controller on request | | | | application has been filed in a foreign country, |
| can post date the date of filing to the date of | | | | before the Indian filing, and if the application is a |
| complete specification. Filing of a provisional | | | | PCT application. A complete specification has to be |
| specification allows the applicant to get an early | | | | filed within twelve months of filing the provisional |
| application date. | | | | specification. Each specification should contain only |
| Provisional Specification shall contain:a) Titleb) | | | | one invention. If there is more than one invention |
| Written Descriptionc) Drawings, if necessaryd) | | | | in a specification, separate applications have to be |
| Sample or model if required | | | | filed for each invention. If an Indian application has |
| The complete specification shall contain:a) Titleb) | | | | corresponding foreign applications, the applicant |
| Abstractc) Written Descriptiond) Drawings (where | | | | has to keep the Controller informed of the status |
| necessary)e) Sample or Model (if required by the | | | | of the foreign applications. |
| examiner)f) Enablement and Best Modeg) Claimsh) | | | | The following documents have to be submitted at |
| Deposit (Microorganisms)a) Title | | | | the time of filing a patent application:a. Form 1 - |
| Title is generally a word or a phrase indicating the | | | | Application for the grant of patentb. Form 2 - |
| content of the invention.b) Abstract | | | | Provisional or Complete Specificationc. Form 3 - |
| It is a short paragraph describing the invention in a | | | | Statement and undertaking by the applicantd. |
| precise manner.c) Written Description | | | | Form 5 - Declaration as to Inventorshipe. Form 26 |
| This is an important part of the specification. It | | | | - Authorization of patent agent or any other |
| contains the complete and elaborate description of | | | | person. |