What is a Complete Specification?
A complete specification is a crucial document in the process of obtaining a patent. It contains the full and detailed description of the invention for which the patent is sought. It explains how the invention works and how it can be performed by a person skilled in the art.
Unlike a provisional specification, which is a preliminary submission, the complete specification must disclose the invention in its entirety. It forms the legal basis for the scope of patent protection granted.
Legal Provision in India
In India, the requirement of a complete specification is governed by the Patents Act, 1970, specifically under Section 10. This section outlines the structure, content, and language of a complete specification.
An applicant must file the complete specification within 12 months of filing a provisional specification. Alternatively, a complete specification can be filed directly without a provisional one.
Contents of a Complete Specification
The complete specification must include:
- Title of the invention
- Field of the invention
- Background and prior art
- Summary of the invention
- Detailed description with examples and drawings
- Claims defining the scope of protection
- Abstract providing a brief summary
The claims are the most important part. They define the legal boundaries of the invention and determine the rights of the patentee.
Importance of Complete Specification
The complete specification helps the Patent Office and the public understand the invention in full. It ensures that the invention is novel, non-obvious, and industrially applicable. A poorly drafted specification can lead to rejection or narrow protection.
It also enables others to build upon existing knowledge, thus promoting innovation and transparency in the patent system.
