Patent is an exclusive rights given to the patentee for disclosure of his invention. These exclusive rights are right to exploit the invention commercially and free from any disturbance, he/she also has the right to sue for any infringement. Without patent an invention can’t get protection under the law, it is important to patent an invention and there is a certain process in order to get patented. The patent process starts with a procedure of submitting an application, but the application which is submitted should have either provisional or complete specification.
In order to disclose the invention, the inventor need to represent the function and other requirement as to understand about the invention in a document form called patent specification. It can be done with or without provisional specification, but an application must have complete specification.
The reason for a provisional specification are thar the inventor has been working on an invention or is about to complete, in order to fix the prior date he need to submit an provisional specification later he can submit the complete specification with a detailed and well drafted document.
The provisional specification is a choice for the inventor he can go with or without provisional specification, but if he is going without provisional specification he must submit the complete specification else he would lose his rights to the invention if someone else files patent with provisional specification before he/she files for complete specification. Basically provisional is like a reservation and an outline for the complete specification.
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It consists of title, preamble, field of invention, background of invention, description, object, work nature and mechanism, abstract, or any other information which are needed and available at the time of filing the application. The important thing is that within twelve months from the date of filing provisional specification the complete specification must be submitted or else the application deemed to be abandoned. Provisional specification doesn’t hold claims but still can make way for claims on novelty, non-obvious and prior art. And additional provisional specification can also be added but everything need to complied with one complete specification.
The complete specification is important and necessary for granting of patent, as mentioned earlier we can go with or without provisional specification but the complete specification is must for a patent. The complete specification consists of complete clear mechanism about the invention in both diagrammatic and graphical representation, all important aspect about the functioning of the invention need to be there.
Most important element of complete specification is the claims, drafting of claims is an art, what are all you need to be protected or what are all you need to be achieved or secured, privileges and all aspects need to mentioned as the claims, such importance for the claims is because what are all mentioned in the claims only can be claimed in case of any issue arisen can’t claim for unclaimed aspects, so more importance needs to be given for the claims. And in case provisional specification were submitted and earned time for complete specification, complete specification need to be submitted within twelve months from the date of application. Once complete specification submitted then the other aspects of process will begin or else the application deemed to be abandoned one and the process ends.
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