...points out that the application was rejected on the ground that the amended claims pertain to a pharmaceutical composition comprising CEFPIROME whereas the provisional specification disclosed a composition...comprising CEFOTAXIME. In cases wherein the disclosure in the complete specification is at variance with the disclosure in the provisional specification, learned counsel contends that the Controller...could have resorted to Section 9(4) of The Patents Act, 1970, (the 'Patents Act') by granting the appellant the option of requesting for cancellation of the provisional specification. Instead, he...

...applicant is in possession of an invention, for which he desires to obtain a patent. Such an application must be accompanied, inter alia, by either a provisional or complete specification. A provisional.... A specification whether provisional or complete, must commence with the title, and in case of a complete specification must end with a distinct statement of the invention claimed (Section 4...the complete specification is substantially the same as that which is described in the provisional specification;(e) the invention as described and claimed is prima...

...not qualify as prior art. The provisional specification of the said application was filed on 9th July 2014. The provisional specification does not disclose an emulsifiable concentrate (EC) formulation...invention is anticipated by prior claiming by IN 2243/MUM/2014. The appellant admits, at page 25 of the appeal, that the provisional specification of IN 2243/MUM/2014 refers to the EC formulation...date of filing of the provisional specification of D3 should not be taken into consideration to decide whether it qualifies as prior art as regards the claim for an EC formulation. Learned counsel...

...provisional specification relating to “The method and manner of a device for mechanical automatic water level controller”. The fee payable on an application for a patent accompanied by a provisional...filed under the Patent Cooperation Treaty designating India) shall be accornpanied by a provisional or a complete specification. Section 9(1) of the Act stipulates that where an application for a...patent (not being a Convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be...

...priority date would be the date of lodging the provisional specification, provided the claims are fairly based on disclosures made in the provisional specification. By comparing and contrasting the...summary in the provisional specification and the complete specification, he submits that the claims made in the complete specification are not fairly based on disclosures in the provisional.... Upon considering the rival contentions, the first aspect to be considered is whether D3 qualifies as prior art or not. The provisional specification was filed on 26.12.2014 and the appellant claims...

...: Impugned Patent by the Respondent No. 2 Prior-Art (D1) by the Petitioner Provisional Specification (priority date) 15th...provisional specification, and the claim is fairly based on the matter disclosed therein, the priority date of such claim shall be the date of filing of the relevant provisional specification. Mr. Kamod...would be 31stMay 2010, being the date on which the provisional specification in respect of D1 was filed. He then pointed out that the impugned order itself recorded that D1 had a...

...application for a patent (not being a convention application) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the...specification is filed...... ..... ..... ...... ......(4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional...specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before the...

...in the provisional specification, complete specification and amended specification with twin spark plugs small bore engine for improved combustion with lean burn air fuel mixture and therefore, the...the applicant.14(b). The learned Senior Counsel would also submit on facts that the applicant's application along with provisional specification was on 16.07.2002 and the patent was...the learned Senior Counsel, the applicant has made an Application in the form of provisional specification on 16.07.2002 and has spent huge expenditure not only for research and development but also...

...question whether the plurality of invention is liable to be found in the parent claims or would it also extend to being discerned from the provisional or complete specification that may have accompanied.... According to the learned Judge, Boehringer Ingelheim fundamentally reconstructs Section 16 and essentially erases the phrase "disclosed in the provisional or complete specification already.../ parent application; b. a disclosure requirement ("file a further application in respect of an invention disclosed in the provisional or complete specification...

...of invention which is contrary to the drafting standards.27. Regarding the scope of a provisional versus a complete specification the Controller's order contains incorrect and flawed...observations. Claim 1 of the complete specification must be contained in the document from which priority is claimed which is equivalent to the provisional specification according to Chapter 5 of the...invention as disclosed in the complete specification are missing in the provisional.28. The title in the provisional specification reads as an antibacterial composition and to a method of...

...the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification...words "provisional or complete specification" with the word "claims". Why, would become apparent hereinafter. 11... specifications. In respect of Serial No. 5, which deals with claims, the form specifically states thus: "5. CLAIMS (not applicable for provisional specification. Claims...

...-how of the process which has been patented there was no question of joint venture with the plaintiff. The provisional specification of the patent was filed on 4th December, 1972, complete specification...anode assemblies have been fully described in the patent specification, and it is not necessary to enumerate the same here. The plaintiff further alleges that the said patent is valid, subsisting and...was filed on 26th November, 1973 and the acceptance of the complete specification was advertised by the Patent Office on 21st February, 1976. The Patent Office took more than three years to verify the...

...further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application... application, disclosed in the complete/provisional specification and relates to plurality of inventions. The parent application is for "Compound" whereas...complete specification. However, in the case of a provisional filing, claims need not be specified at all. If the view as expressed in Boehringer Ingelheim were to be accepted no Divisional Application...

...it is for ‘A new or improved tricycle.’ that is per se, as a machine. The complete specification and the provisional specification do not altogether agree with each other . . . . . . At first that...seemed to threaten a technical ground that they had claimed by their complete specification more than was covered by their provisional specification; but, very fairly and very prudently, I think, the...printing picture film for use in film strip viewers as claimed in claim (1) substantially as described and illustrated in the specification.5. A cinematographic film of 35...

.... For convenience, section 10 of the Act is set out below: "10. Contents of specifications.—(1) Every specification, whether provisional or complete, shall describe the...behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall...section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional...

...specification and the provisional specification do not altogether agree with each other. At first that seemed to threaten a technical ground that they had claimed by their complete specification more than was...covered by their provisional specification, but, very fairly and very prudently, I think the defendant did not proceed upon that, because, afterall, the great object to both parties must be to have...complete specification and claims of the said patent as submitted by the respondent No. 1 is also annexed to the petition.7. Before considering the law on the points involved, I first...

...with provisional specification on 23rdDecember, 2008 at the Delhi Patent Office. Subsequently, a complete specification with ten claims was filed with the Patent Office. Along with the...complete specification, the appellants also filed a duly filled Form 18 as the Request for Examination of the said patent application on 23rdDecember, 2009...

...application accompanied by-(a) a provisional specification; or(b) a specification which is treated by virtue of a direction under sub section (3) of...Section 9 as a provisional specification and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be...specification particularly described and ascertained the nature of the said invention and the manner in which the same is to be performed;Now these presents that the above said...

.../2003 filed a Patent Application along with the provisional specification at the Mumbai office of the Respondent No. 3, which was later on allotted Patent Application No. 413.MUM/2003A. Thereafter, on...the corresponding International Application of the Respondent No. 1 was issued. It is stated that the Petitioners through its agents, obtained a copy of the complete specification accompanying the...Specification). To support this and also to meet the requirements of Section 3(d) of Patents Act, 1970 the applicants with their reply statement, have submitted the Stability...