PROJECT REPORT ON
GENERAL AND PROVISIONAL SPECIFICATION OF PATENT
What is a patent?
A patent is an exclusive right
granted for an invention, which
is a product or a process that
provides a new way of doing
something, or offers a new
technical solution to a problem.
A patent provides protectionfor
the invention to the owner of the
patent. The protectionis granted
for a limited period,generally
Why are patents necessary?
Patents provide incentives to
individuals by offering them
recognition for their creativity and
material reward for their marketable
inventions. These incentives
encourage innovation, which
assures that the quality of human
life is continuously enhanced
What role do patents play in everyday life?
Patented inventions have, in fact,
pervaded every aspectof human
life, from electric lighting (patents
held by Edison and Swan) and
plastic (patents held by
Baekeland), to ballpoint pens
(patents held by Biro) and
microprocessors (patents held by
Intel, for example).
All patent owners are obliged,in
return for patent protection,to
publicly disclose information on
their invention in order to enrich
the total bodyof technical
knowledge in the world. Such an
ever-increasing body of public
knowledge promotes further
creativity and innovation in others.
In this way, patents provide not
only protection for the owner but
valuable information and
inspiration for future generations
of researchers and inventors
WHAT IS SPECIFICATION
The specification, which is also called the disclosure, is a written description of
an invention. The patent specification is drafted both to satisfy the written
requirements for patentability, as well as to define the scope of the claims.
While the layout of a specification varies from place to place, it is relatively
consistent between the U.S. and Europe, except that B and C are unique to the
U.S. For the purposes of this tutorial, the claims are described separately from
TYPES OF SPECIFICATION
1 GENERAL SPECIFICATION
2 PROVISIONAL SPECIFICATION
A. Title of the invention. The title of the invention is designed to describe the
essence of the invention in a few words.
B. Cross-reference to related applications. In the U.S., it is required that a
patent applicant include a section titled "cross-reference to related
applications". In this section, the applicant lists any provisional patent
applications that they are claiming priority to, or if the application is a
continuation, the parent application number(s).
C. Statement regarding federally sponsored research (if applicable). In the U.S.,
it is also required that the applicant include a "statement regarding federally
sponsored research" if the invention was made under a government contract, or
if federalgrant money was used to fund the research.
D. Background of the invention. The background of the invention is typically
drafted for a jury audience. Selected art in the field is discussed to emphasize
differences with the current invention, and to point needed improvements that
are provided by the current invention.
E. Summary of the invention. The summary of the invention, which is distinct
from the abstract, is meant to discuss the invention (i.e., the claims) rather than
the disclosure as a whole. Often, the summary will discuss advantages of the
invention or how it solves the problems existing in the art, such as those
presented in the background of the invention.
F. Description of the drawings. If drawings are included in the application, a
brief description of each drawing is required.
G. Detailed description of the invention. The detailed description of the
invention is the meatiest section of a patent. Its purpose is to adequately and
accurately describe the invention. There are generally two sections:
A general explanation of the invention and how to practice it. The invention is
described in its broadest sense, to show that the inventors have a broad view of
the scope of the elements. Often, preferred embodiments of the invention are
described. Such embodiments are generally more limited versions of the
broadest concept and are provided for support for a fall-back position of
narrower claims if the broader concept is not patentable. Definitions of key
terms are often provided and are extremely important in interpreting the scope
of the claims.
Specific examples of how to practice the invention. A patent application does
not require examples, however in practice, examples can often assist in showing
patentability (e.g., enablement). The examples may or may not have been
performed by the inventors. "Working" examples present completed
undertakings. "Prophetic" examples are hypothetical undertakings and are
always written in the present or future tense. Typically, the examples
demonstrate practice of one or more specific embodiments of the invention.
(Many new readers find the purposes of these two sections confounding and
assume that the examples set forth how the invention will be practiced. Rather,
examples are meant only to illustrate, but in no way to limit, the claimed
H. Sequence listing. A sequence listing is required if the application includes
nucleic acid or amino acid sequences. If sequences are disclosed, every nucleic
acid molecule that is at least ten nucleotides, and every protein that is at least
four amino acids, must be included. In many jurisdictions, sequence listings are
required to be in a specific text format. The USPTO provides a free software
download called PatentIn that is often used to compile sequence listings.
I. Abstract. The abstract is a brief summary of the entire specification.
Every patent application under the Indian Patents Act, 1970 must be
accompanied by the specifications ofthe invention. These specifications
may either be provisional or complete.If the specifications are provisional,
the complete specifications must be filed subsequently within a period of 12
A provisional specificationis not expected to fully disclose an invention with
all the relevant details as these may not even be known to the applicant at
the time it is filed.In fact, a provisional specificationof an idea (which is in
the process of being converted into an invention) may even be filed
although, of course,even in such a case, a complete specificationmust be
filed within 12 months. What a provisional specificationis required to do is
disclose the nature of the invention.
The provisional specificationmust be filed in the prescribedForm 2 which
forms the first page of the specification.This Form contains the following
1.The Title of the Invention
2.Name, Nationality and Addressof the Applicant(s)
3.Preamble to the Description:The following specificationdescribes the
4.Description(on a new page).
5.Date And Signature (to be given at the end of the last page of the
The Title of the invention in a provisional specificationshould give a clear
idea of the industry and the subject to which the invention relates. It should
be brief – not more than fifteen words – precise,and descriptive of the
invention. It should not contain words such as the inventor’s name,
adjectives like ‘good’, ‘brilliant’, ‘best’,etc., or words in Indian languages.
Some examples of the titles of patents are: Compositions comprising
Carbazoles and Cyclodextrins,Novel Amino Acid Derivatives with
Improved Multi-Drug Resistance Activity, A Method of Phenol Tar
Desalting, Capillary Dewatering Method and Apparatus.
Form 2 is required to be filed along with Form 1 which is the application for
the grant of a patent, and the information in Form 2 must correspond to that
in Form 1. Form 2, however, is only the first page of the provisional
specificationto which additional pages which describe the nature of the
invention are attached as follows:(i) an introduction mentioning what the
field of the invention is and what the subjectmatter to which it relates is, (ii)
the background of the invention containing a descriptionof the relevant
prior art along with its drawbacks, why the invention is needed and what it
is to do / what problem it is to solve, (iii) a summary of the nature of the
invention, (iv) a descriptionof the invention possiblyin general terms, (v)
working examples and embodiments of the invention if they exist and (vi)
the advantages of the invention.
Although it is permissible forthe descriptionof the invention to be in
general terms, it is advisable to include as much information as is possible.
This is because the claims later made in the completespecificationmust be
fairly based on what has beendisclosedin the provisional specification,
and this cannot be done if the provisional specificationis very sketchy. At
the very least, the Descriptionmust identify what the novel features of the
invention are and how they are distinct from prior art. The Description
should begin with a short statement of the scope and subject of the
invention such as, “This invention relates to _________,”and it should also
The objectives of the invention possiblyin the format: The principal
objective of this invention is __________,Another objective of this
invention is ____________,Yet another objective of this invention is
Drawings if they are required.
The principle on which the invention is being developed.
A general statement of the essential features of the invention for
which protectionis desired.
A provisional specificationdoes not contain claims since at the time it
is filed;it is unlikely that an applicant would know what the claims are.
A provisional specificationhelps to identify the invention. It is typically
drafted before an invention is ready in its final form and therefore focuses
on the nature of the invention which it discloses.It is a documentof record
and it cannot be amended by adding new matter to it once it has beenfiled.
In fact, no amendment would be allowed which has the effectof adding
fresh matter or extending the scope of the invention. Deleting information
would also not generally be allowed especiallyif such deletion would result
in the scope of the invention being broadened.
The main purpose of filing an application with a provisional specificationis
to establish a priority date. A provisional specificationestablishes the
earliest ownership of an invention although it does not in itself conferany
legal rights. It is sometimespossible to get a provisional specification
amended by post-dating the application. However, doing this would
automatically result in the ‘loss’ of the priority date.
Until a complete specificationis filed,an application which is filed along
with a provisional specificationwill not be examined by an examiner of the
patent office with a view to deciding whether or not a patent should be
granted. If a complete specificationis not filed within 12 months of the filing
of the provisional specification,the application for the grant of a patent is
deemed to have been abandoned. However, if a patent is subsequently
granted for the invention after the filing of the complete specification,the
date of the patent will be the date on which the application accompanied by
the provisional specificationwas filed.