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Kaveri Textiles Ltd files one complete specification with 12 claims. Claims 1 to 8 cover a new dye formulation. Claims 9 to 12 cover an unrelated loom-tensioning device with no common inventive concept. Under section 10(5), what is the position?

The claims do not comply. Section 10(5) requires claims to relate to a single invention or a group linked by a single inventive concept. A dye formulation and an unrelated loom device share no such concept, and an abstract cannot cure the defect.

  1. AThe claims are acceptable because a specification may cover any number of unrelated inventions
  2. BThe claims are acceptable provided an abstract is attached
  3. CThe claims do not comply because they must relate to a single invention or a group linked by a single inventive conceptCorrect
  4. DThe claims comply provided the Controller amends the abstract

Explanation

Section 10(5) says the claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept. The dye and the loom device share no inventive concept, so the specification fails this requirement. An abstract or an amendment to it does not cure this defect.

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