Section 9:
Provisional and complete specifications.
1[ (1) 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 filed within twelve months
from the date of filing of the application, and if the complete specification is not so filed, the application
shall be deemed to be abandoned.]
(2) Where two or more applications in the name of the same applicant are accompanied by
provisional specifications in respect of inventions which are cognate or of which one is a modification of
another and the Controller is of opinion that the whole of such inventions are such as to constitute a single
invention and may properly be included in one patent, he may allow one complete specification to be
filed in respect of all such provisional specifications:
2[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of
filing of the earliest provisional specification.]
3[(3) 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 specification purporting to be
a complete specification, the Controller may, if the applicant so requests at any time within twelve
months from the date of filing of the application, direct that such specification shall be treated, for the
purposes of this Act, as a provisional specification and proceed with the application accordingly.]
(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 4[grant of patent], cancel the provisional specification and post-date the application to the date of
filing of the complete specification.
Notes:
1. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-1-2005).
2. The proviso ins. by Act 15 of 2005, s. 7 (w.e.f. 1-1-2005).
3. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 1-1-2005).
4. Subs. by s. 7, ibid., for "the acceptance of the complete specification" (w.e.f. 1-1-2005).