Provisional Patent
Provisional patent applications have been used by many inventors to begin the patent process without the cost of hiring a patent attorney. Unfortunately, while provisional applications are easier to file than regular patent applications, inventors often forget that there are requirements that must be met in order for a provisional application to be effective.
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Provisional Patent required mandatory
Advantages of a Provisional Patent
- The Act includes a provision for provisional patents to guarantee that the investor or innovator has time to gather the cash required to petition for a full patent or hire a patent agent.
- When one file for a provisional patent and the filing is approved, the filer is then protected for 12 months from the date of the initial filing.
- The filing date is important when attempting to obtain a patent. The previous application with an older filing date is provided a greater priority over the latest applicant.
- Upon obtaining a provisional patent, the inventor/investors may use the tag of ‘Patent Pending’ when they try to find the commercial potential of their new design/process.
- When a person has a provisional patent and wishes to abandon trying to get a complete patent, he may do so without worrying about the cost of the whole process.
Pricing
(Simple & Clear Pricing. No Hidden Charges)
| Government Fee | Rs 0 |
| Professional Fees | Rs 1,459 |
| Goods & Service Tax | Rs 00 |
| Total Cost | Rs 1459 |
What is a Provisional Patent?
(All you need to know)
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.
1. The name of the new idea, concept, or technique
2. Provisional patent requirements and regulations (Note: A section on claims is not required in a provisional specification.)
3. What is the type of innovation? (Note: The definition of innovation should not be confined and limited)
4. The invention's priority and purposes.
Document Required to File Provisional Patent Online
Following Documents are required :-
- Form 1:-A patent request should be made using this form. It must be signed and submitted before six months of filing a provisional patent. The applicant must fill out this form completely before signing it, including all pertinent information and the names of the inventor, and the type of innovation.
- Form 2 :-These forms' specifications are provisional. The words ‘provisional patent’ must be written alongside the applicant's name and job title. This format must also be used to describe the innovation.
- Form 3 :-Submit comparable international patent applications
- Form 5 :-This form contains the statement of inventorship
- Form 26 :-A power of attorney for the patent agent has to be provided. Within six months of the application's filing, it must be submitted.
- Form 28 :-The innovation's design, drawing, or sketch must be supplied with the same details (not required in the case of a process).
When should you file a Provisional Application?
Provision Application should be filed, if the Invention is in the Ideation stage and not in the complete stage and inventor(s) are still working on that invention. In order to secure the early priority date, a Provisional Application should be filed so that others cannot Patent the same idea and take a monopoly over it. Therefore, in order to provide a shield to the idea at the very early stage, it is important to file a Provisional Patent Application in the Patent Office for securing of early priority date.
Limitations of a Provisional Patent Application :-
A provisional patent application only lasts 12 months and essentially acts as a placeholder. Moreover, you only have that 12-month window in which to convert your provisional patent application into a full non-provisional application. Failing to do so before the deadline could result in the loss of your idea. There are no extensions on the one-year time limit.
Since provisional patent applications are often filed in a rush, inventors often leave out important details of the application. This gives them a false sense of security. In reality, a provisional patent application must meet all of the same requirements as a full non-provisional application in order to get full protection. If any detail or component is left out, another person may be able to receive a patent on those features.
While a provisional patent application is relatively inexpensive, you still need to pay for a full non-provisional application within twelve months. That's in addition to the fee you already paid for the PPA, so you end up paying more, in total.
Provisional applications can't be filed for design inventions, Provisional applications are not examined on their merits, Provisional applications can't claim the benefit of a previously filed application.
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Frequently Asked Questions
What is a Provisional Patent Application?
The term “Provisional Patent Application” denotes a short summary of the Patent which discloses the nature or essence of the new invention.
Does a Person Need a Lawyer to File a Provisional Patent in India?
Yes, an individual needs a lawyer or an IPR expert to file a Provisional Patent in India.
Can a person sell a Provisional Patent in India?
Yes, a person can sell a Provisional Patent in India. Moreover, an applicant can also license the rights under his/her application of provisional Patent to another party.
What are the Components of the Provisional Patent Application?
The components are Title of Invention; Description of Invention; and Background of Invention.
How long do authorities take to approve a Provisional Patent?
Normally, the regulatory authorities take around 4 to 6 years to approve a Provisional Patent in India.
Can I make a change in the Provisional Patent after filing it?
No, after filing the Provisional Patent, one cannot make any further change or modification.
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