Provisional Patent India
Provisional Patent India can be used by any business which can use a to protect an invention even before it is finalised.
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Provisional Patent India
The provisional patent India is an application that can be filed to maintain a patent-pending status. This status can only be sustained for 12 months. In that time, one can seek out manufacturers, sell goods or products, and additionally get the necessary prototypes developed for further upcoming applications. Since the actual patent has to be filed before the end of 12 months, it is treated as having been applied for on the date that the provisional patent protection was filed. Moreover, if someone is trying a similar patent after your invention, you will still have patent protection. It is faster and more affordable and not as complicated to complete the application.
Advantages of a Provisional Patent India
Minimal Information Required
Assess Market Potential
When is a provisional patent protection used?
The provisional patent India can be used when an invention is fully definite, but will likely require further improvements that can be accomplished within a year, this provides a good chance to file a provisional patent application on the existing discovery. An important thing is that it should be completed within a year so that the non-provisional can be filed with improvements during the pending provisional patent India, prior to the subject of the original invention described in the provisional patent search can be taken before it is terminated.
Requirements for Provisional Patent India
Follow the below steps to know the requirements of the provisional patent application:
- A written description of the invention.
- Any necessary illustrations of the invention
- The names of all the inventors.
- The filing fee.
- A cover sheet or electronic filing, identifying:
- The application is a provisional patent application.
- Inventor name
- Inventor residence
- Title of the invention
- Correspondence address
- Name and registration number of an attorney or agent and docket number if it is applicable.
What is a Provisional Patent Application?
A provisional patent application is an introductory step, before filing a regular patent, for getting a type of interim protection. An individual can apply for a provisional patent India without any formal patent claims. This option is created to provide investors with an inexpensive way to temporarily protect their inventions until they decide to pursue a full patent. A provisional patent application has a time of twelve months. It is from the date of filing after which the inventor has to file a complete specification to take advantage of the filing date of the provisional patent application.
How to Write a Provisional Patent India?
A provisional patent application is fairly simple, but it must include some of the below requirements:
- A written and accurate description of the invention.
- Drawings or painted figures that promote the invention.
- Text that describes the drawings or figures.
- Your name and contact information.
- A provisional application for the patent cover sheet.
Provisional patent application is not legally binding and it does not patent an invention. However, it gives a full year from the filing date to submit forms and payments that need to make the non-provisional patent a reality. Throughout this time, an invention stays in the “patent pending” status.
Provisional Patent Filing Process
Filing a provisional patent application is a crucial one. If you want to prevent others from stealing your invention, it is important to secure an accurate patent application filing date. You should also file if you aren’t yet ready for the full non-provisional patent. You can then use the phrase “patent pending” to explain the invention. A provisional patent application is often filed to protect an idea while the inventor refines and develops the idea.
Step 1: Invention Disclosure Form (IDF) Preparation
Provide answers to the questions stated in the IDF that covers the following:
- The issues that you are trying to explain.
- Solutions and problems that are already available with these solutions.
- Technical features for your invention.
- The functionality of the technical features.
- Any alternatives to the proposed solution.
Step 2: Invention Consolidation
- A filled out IDF form is reviewed to identify new technical features.
- This step may include 2-3 iterations to get the invention consolidated for novelty search and specification preparation.
Step 3: Novelty Search
- It helps you to identify new technical features that are unique.
- We search for worldwide accessible documents to recognize if there is any document published, the same or similar to its technical features.
Step 4: Patent Specification Preparation
- Once the novelty of the invention is verified, we move forward to prepare the patent specification based on it.
- A patent specification is a techno-legal document and it determines the strength of the prospective patent be granted.
Step 5: Forms Preparation
We prepare all the required sets of forms to be filed along with Patent Specification.
Step 6: Filing A Patent Application
Once everything is prepared, we move ahead to apply, along with the requisite fees. Consequently, the patent application number will be shared by the Patent office.
FAQs on Provisional Patent
A provisional patent can’t be searched online since it isn’t published. This is because provisional applications do not hold any patent rights and they are just used to get a preference patent filing date.
On average, it takes between four to six years from applying in India to get provisional patent approval.
Once the patent is filed, you cannot make any changes to the provisional patent. But on a non-provisional patent, you can add new information and then have the priority of the non-provisional for the rest.