Patents Ordinance, 2000 — section 15

15. Contents of specification..—1[(1) Every specification, whether complete or provisional, shall describe in the form and manner as may be prescribed.]

(2)Subject to any rules made in this behalf, 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, unless the Controller otherwise directs, be deemed to form part of the specification, and reference in this Ordinance to a specification shall be construed accordingly. 2 [(2A) For a chemical product intended for use in medicine or agriculture, the specification shall be specific to one chemical product only describing the physical, chemical, pharmacological and pharmaceutical properties or, as the case may be, the properties related to its use in agriculture and its impact on environment. (2B) Where a biological material is used, the specification shall disclose the place of origin and source of such biological material and shall also exhibit compliance with the relevant applicable rules on access, export and use of that material and where such a material is obtained from Pakistan for use outside Pakistan, the permission of the Federal Government shall be necessary as may be prescribed.]

(3)Every complete specification shall

(a)fully and particularly describe the invention and the method by which it is to be performed;

(b)disclose the invention which is known to the applicant and for which he is entitled to claim protection; and 3 [(c) end with a claim or claims concisely defining the scope of the invention for which protection is claimed.]

(4)The claim or claims of a complete specification shall relate to a single invention, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification. 1 Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 9, for sub-section (1). 2 New sub-sections (2A) and (2B) ins. Ibid s.9. 3 Subs. ibid., for clause (c)

(5)Subject to the foregoing provisions of this section, a complete specification filed after a provisional specification, or filed with a Convention application, may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification or, as the case may be, the invention in respect of which the application for protection was made in a Convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 11 to make a separate application for a patent.

(6)Every complete specification shall be accompanied by an abstract for the purposes of giving technical information and the Controller shall determine whether the abstract fulfills its purpose and, if it does not, shall instruct the applicant to make modifications to the satisfaction of the Controller.

(7)The abstract shall merely serve the purpose of technical information, in particular, it shall not be taken into account for the purpose of interpreting the scope of protection. 1 [(8) Claim or claims in respect of a complete specification of a chemical product intended for use in agriculture or medicine shall be structurally defined and shall relate to a single chemical product only, excluding its derivates and salts, each of which, with a material or a noval improvement in its claim from the main product, shall be filed as a separate invention or where applicable, as a divisional application, Where structural description is not possible, as in the case of biological products, the “product by process” claim shall be made and protection shall be limited to the product obtained with the claimed process only: Provided that a claim which is based on a mere admixture resulting only in aggregation of the properties of the component substances thereof, or a processing of producing such substance, shall not be allowed]. CHAPTER V EXAMINATION OF APPLICATIONS