Tuesday, March 14, 2006

Abstracting Patent Specification

A brief abstract of the technical disclosure made in the specification usually commences on a separate sheet, preferably following the claims, under the heading “Abstract” or “Abstract of the Disclosure.” The abstract as required under section 10 (4) (d) of the Patents Act, 1970 may not exceed 150 words in length (Rule 13 (7) (c), the Patents Rules, 2003). Abstracting is done to constitute an efficient instrument for the purpose of searching in the particular technical field, in particular to enable Patent Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure. The content of a patent abstract should include that which is new in the art to which the invention pertains.

Content of a Patent Abstract
A patent abstract is a concise summary of the technical disclosure made in the specification and should clearly indicate the technical field to which the invention belongs, technical problem to which the invention relates and the solution to the problem through the invention and principle use or uses of the invention (Rule 13 (7) (b), the Patents Rules, 2003). For example, if the specification discloses the nature of an improvement in old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. However, if the specification relates to modifications or alternatives, the abstract should mention by way of example the preferred modification or alternative. In certain patent specifications, particularly those for compounds or compositions, wherein the process for making and/or the use thereof are not obvious, the abstract should set forth a process for making and/or a use thereof. Where necessary, the abstract should contain the chemical formula, which characterizes the invention. If necessary most relevant figure of the drawings should also be included in the abstract. Where applicable, the abstract should include the following – if a machine or apparatus, its organization and operation; if a chemical compound, its identity and use; if a composition, its ingredients; if a process, the steps.

Is it necessary?
A patent abstract is a statutory requirement which forms an integral part of complete disclosure of the invention. The preparation of the patent abstract is the responsibility of the applicant under duty of disclosure. However, the Controller may amend the abstract during prosecution for providing better information to third parties under section 10 (4) (d) (i) of the Patents Act, 1970.

1 comment:

  1. Nice Blog Mr.Varun, good articles -keep it up