Intellectual Property / Patent / Patent Application Preparation (Complete Specification)

Patent Application Preparation (Complete Specification)

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent.The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.

Therefore, we can say A patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.

A creator should always patent the inventions at the earliest to protect them from infringement. A provisional patent application can be filed when the invention is at a patentable stage but still needs some work before it is complete.

A complete specification is a mandatory document to be filled to obtain a patent. This document contains the specifics of the patent according to which the legal right of the inventor is protected. The disclosure should be in simple words so that the same can be understood by anyone skilled in the art who can easily perform the invention.

The Patent holder exercises the right to license the patent for monetary gains or sell the patent to anyone for consideration. It also gives the patent holder secure rights in case of infringement.

The Complete Specification is a techno-legal document which fully and particularly describes the invention and discloses the best method of performing the invention. As the Complete Specification is an important document in the patent proceedings, it is advised that it should be drafted with utmost care without any ambiguity. It is mandatory on the part of an applicant to disclose fully and particularly various features constituting the invention. The disclosure of the invention in a complete specification must be such that a person skilled in the art should be able to perform the invention.

The rights of the patent holder are:

  • Right to transfer his rights to another person by licensing the patent.
  • A patent holder can enjoy his rights only in the countries he is granted for.
  • A patent holder has the right to eliminate others in the territory from making, selling, importing the invention.

 Types of Patent:

  1. Utility Patent
  2. Design Patents
  3. Plant Patents

 Complete Specification contains the following elements:

  1. Title of Invention
  2. Field of Invention
  3. Background
  4. Summary of Invention
  5. Brief description of drawings
  6. Brief description of the invention
  7. Examples if any
  8. Specific embodiments if any
  9. Abstract
  10. Claims
  11. Drawings/ diagrams/ flow-charts

Patent Registration Procedure

  • Application for Patent
  • Publication (18M from the priority date)
  • Request for Examination (within 48M of priority date)
  • Examination (formal & Substantive)
  • Applicant’s Response to the Examination
  • Application found in order for a grant by Controller
  • Pre-Grant Opposition (After publication and before grant before the controller)
  • If yes, then Patent is Granted & if no, then Patent is refused and the applicant can appeal to the board, the board can reject but if the board allows the Patent is granted.
  • Post-Grant Opposition (within 12M of Notification of Grant)
  • Order by Controller on hearing the Parties
  • The Controller can give any of the following orders: to maintain the Patent, to Amend the Patent, or to reject the Patent.
  • If the Controller rejects Patent after post-grant opposition the applicant can go for an Appeal to the appellant board.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes

Process followed by White Code:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver excellence. Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us, and build a lasting relationship with them.