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Dinkar Vidyarthi (Advocate)     10 October 2008

what is Specification?

Dear Sir,

what is Specification ? Explian also the object and purpose of specification?

Thanks in  Advance



Learning

 4 Replies

Shree. ( Advocate.)     10 October 2008

An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention.  The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.


The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101).  As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.  

prof s c pratihar (medical practitioner &legal studies)     10 October 2008

further additionafter the classical discussion------i)a detailed list of work to bedone or goods to be supplied in the carrying on of an orderor a contract.ii)the particular description of an invention in respect of which a patent is sought.(s 2 patent and design sAct 2 of 1911)a particular and detailed amount of a thing , also a description of a patent with the object of putting the public in fullpossession of inventor'ssecreat so that any person may be in a condition  to avail himself of it when the period of exclusive previlegehas expired.

Suresh (Lawyer)     11 October 2008

Specification is the meat and bones of a patent application. The description, together with the claims, is often referred to as the specification. As this word suggests, these are the sections of the patent application where you specify what your machine or process is and how it differs from previous patents and technology.


It is preferable to use all of the section headings when producing the specification rather than leaving out an unused heading. Section headings should be in upper case without underlining or bold type. If the section contains no text, the phrase "Not Applicable" should follow the section heading.




 




  1. Title of the Invention.

     

  2. Cross Reference to related applications (if any). (Related applications may be listed on an application data sheet, either instead of or together with being listed in the specification.)

     

  3. Statement of federally sponsored research/development (if any).

     

  4. Reference to a ”Sequence Listing,” a table, or a computer program listing appendix submitted on a compact disc and an incorporation by reference of the material on the compact disc including duplicates and the files on each compact disc shall be specified.

     

  5. Background of the Invention. Brief Summary of the Invention.

     

  6. Brief description of the several views of the drawing (if any).

     

  7. Detailed Description of the Invention.

     

  8. Claim or claims.

     

  9. Abstract of the disclosure.

     

  10. Sequence listing (if any).The specification must include a written description of the invention and the process of making and using it. It is required that you write your specification in full, clear, concise, and exact terms so that a person skilled in the same technological area as your invention (or the most nearly connected) would be able to make and use your invention.

    The specification must describe your invention preciously so that a person skilled would be able to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter, or improvement invented, and must explain the mode of operation or principle whenever applicable. You must write your specification in the best form possible. You cannot hold back or try to keep things secret or vague. You must add all the details.




    In the case of when you invent an improvement  to an existing invention, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter that relates to the improvement.




    Your specification or description should be confined to just the specific improvement. For example, don't describe the whole mousetrap and how it works, just the improvements you invented to mousetrap springs. However, do describe anything attached to your improvement that you have to describe in order to make sense of what you have invented.






     




 


 

Senthil Kumar (Patent Consultant)     15 October 2008

A patent specification is a technical document describing the invention. A specification may be provisional which gives the initial description of an invention when the application is filed. A complete specification gives full and sufficient detail of an invention in such a manner that a person skilled in the art can use the invention when he reads such a description. The purpose of filing a specification is to make available the invention to the public on the expiry of the term of the patent.


Section 10 of the Patent Act list the contents of the complete specification as follows:


1. The invention shall be titled sufficiently indicating the subject-matter to which the invention relates.


2. The full and particular description of the invention and its operation or use and the method by which it is to be performed.


3. The disclosure of the best method of performing the invention which is known to the applicant and for which he is entitled to claim the protection.


4. The claims defining the scope of the invention for which the protection is claimed.


5. The specification shall be accompanied by an abstract to provide technical information on the invention.


6.. The claim(s) of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form single inventive concept, shall be clear and succint and shall be fairly based on the matter disclosed in the specification.


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