Provisional Patent

Get your provisional Patent Filing Starting from Rs 15000/- Only
(Inclusive of All Fees)

Introduction Of Provisional Patent

Intellectual property in the form of patents is protected in India when a person registers a patent under the Indian Patent Act, 1970 (hereinafter referred to as the ‘Act’). Obtaining a patent prevents other individuals or concerns from infringing into your invention. A patent may be obtained on a design or a process. Under the Act, there are two types of patent specifications.

Under Section 9 of the Act, patents are specified under two categories:

  1. Provisional patent specification
  2. Complete patent specification

What is a Provisional Patent?

A provisional patent is a preliminary step and is obtained to get protection before being able to file a complete patent. To get a complete patent, a lot of details of the design and its specifications are required. When a person is involved in R&D even if they do not have a fully formed design or process that is patentable, they may obtain a provisional patent to protect their work.

Compared to a complete patent a provisional patent has shortcomings, especially upon the period of protection given to the intellectual property that has been provisionally patented. The main reason for allowing provisional patents is to provide security and a form of interim protection to investors and inventors until they are fully able to pursue a complete patent.

Advantagges of Provisional Patent

Cost - effective

The provision for provisional patents is made under the Act to ensure that the investor or innovator is given time to obtain the necessary funds to file for a full patent or engage a patent agent. Filing for a provisional patent is considerably cheaper than doing so for a full patent, in comparison

Protection for a period of 12 months

starting from the date of the initial filing occurs when a provisional patent application is submitted and granted. This makes sure they can continue to develop their innovation or have time to accomplish whatever they need to before receiving a full patent

Dates of the patent application

When trying to get a patent, the filing date is crucial. For example, the application with the early filing date is prioritised over the applicant with the later filing date when the two applications are comparable. As a result, the date on which the provisional patent was filed will be used as the filing date when someone possesses a provisional patent and later files for a complete patent

Financial Viability

When attempting to determine the financial viability of their novel design or technique, investors and inventors may utilise the tag ‘Patent Pending’ after receiving a provisional patent. A provisional patent holder who decides they no longer want to pursue obtaining a full patent may do so without being concerned about the associated costs .

Documents Required

ID and Address Proof of Applicant and Inventor 

 

Title of the Invention :  

 

Description of the Invention 

 
Profile data-cuate

Technical aspects of the Invention and drawing copies in case provisional specification is filed

Certificate of incorporation / MSME or Startup registration Certificate ( other than individual )

PAN Card of the Member and Directors of the proposed Company , Passport is mandatory in case of foreign nationals.

Process Of Patent Filing Process

Complete the Questionnaire

We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of Patent

Requirement of Documents

Basic documents as stated in the above paragraph in accordance with the questionnaire provided are required along with an authorization letter which is to be signed by you . This process may take up to 1-2 working days

Conducting Patent Search

After receipt of documents we will conduct a Search for patentability of the invention on the basis of which your application will be drafted

Drafting of Patent Application

On the basis of information received our experts will draft the application for you with complete specification including the claims and along with the other necessary information and same will be filed to the patent office in India.

Patent Submission

Patent Submission After the said submission it will be published in the official journal and after the said publication examination is requested and the Patent is granted post satisfaction of the examiner .

Filing Complete Specification

The complete specification has to be submitted within 12 months from the date of filing of the provisional application . There is no further extension of time to file complete specification after expiry of said period.

More Insights on Provisional Patent Filing

According to the Patent Act, an invention must be a new product or technique that incorporates an inventive step and can be used in the industry in order to be patentable. An invention must be technical and meet the following requirements in order to be patentable.

Novelty – The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.

Inventive Step – The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.

Industrial Applicability – Invention should possess utility so that it can be made or used in the industry.

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  • The true and first inventor.
  • True and first inventor’s assignee.
  • The representative of the deceased true and first inventor his / her assignee.
  • According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
  • In the case of a proprietorship firm, the application should be made in the proprietors’ name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.
  • An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
  • The applicant is required to disclose the name, address, and nationality of the true and first inventor.

FAQs On Provisional Patent

An application that can be submitted while the invention is still in the experimental stage is known as a provisional application. The inventor benefits from submitting a tentative specification because it aids in determining the invention’s priority date.
 
A twelve-month period applies to provisional patent applications. The inventor must submit a complete specification by the date of filing in order to benefit from the provisional application’s earlier filing date.
 
Yes, an applicant may licence the rights he possesses in his provisional patent application to a third party in addition to offering a provisional patent.
 
 

Patent registration is valid for 20 years.

 

Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.

 

As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.

 

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