Fairly Based
Legal definition for Indian law research
Definition
Fairly based, a claim is fairly based on a provisional specification if, (1) what is claimed can be said to have been broadly described in the provisional specification; (2) there is nothing in the provisional specification inconsistent with what is claimed; and (3) the claim does not includes as a characteristic of the invention any feature as to which the provisional specification is wholly silent, Mond Nickel Co. Ltd.'s Application, (1956) RPC 189 (194); Imperial Chemical Industries Ltd.'s Application, (1960) RPC 223 (227). See also Halsbury's Laws of England, Vol. 35, para 322, p. 323.
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