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Meridian Pharma Pvt Ltd of Hyderabad files a complete specification for a new herbal extraction process. The specification gives the title, describes the process and ends with a set of claims. Under the text of section 10 of the Patents Act, 1970, what must the claims of a complete specification do?

The claims must define the scope of the invention for which protection is claimed. Section 10(4)(c) requires every complete specification to end with such claims. Best-method disclosure is a separate duty, and models, samples and drawings cannot replace the claims.

  1. ADefine the scope of the invention for which protection is claimedCorrect
  2. BDescribe only the best method known to the applicant, without defining any scope
  3. CBe replaced by a model or sample that forms part of the specification
  4. DBe left out if drawings have been supplied

Explanation

Section 10(4)(c) requires every complete specification to end with a claim or claims defining the scope of the invention for which protection is claimed. Disclosure of the best method is a separate requirement under clause (b). A model or sample under section 10(3) does not form part of the specification, and drawings do not replace claims.

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