APPLICATION FOR PROVISIONAL PATENT

APPLICATION FOR PROVISIONAL PATENT

A provisional patent registration is the initial step towards filing a complete and final patent.


PROVISIONAL PATENT

The provisional patent patient is an intellectual property and is registered under the Indian Patent Act, 1970. Patent registration is obtained when something new is invented. The invention is the utmost criteria for patent registration. If the product is not invented then it can’t be registered under the Indian Patent Act, 1970.
 

Patent registration provides an exclusive legal right to an inventor. The inventor has legal authority over his invention and no one can copy or use the same without his permission. 
 

Provisional patent registration is the initial step towards filing a complete and final patent. It is a brief synopsis that discloses the essence of the nature of the invention. This is the preliminary application that is filed before the final application. Provisional patent registration is optional.
 

It is useful for the inventors because the provisional patent registration locks the priority date and secures the invention from being copied or stolen by any other person. 
 

Benefits of provisional patent
 

Less expensive

The cost of provisional patent registration is less expensive as compared to the cost of filing the complete or final patent registration. 
 

Interim protection

If the provisional patent application approved then the provisional patent is protected for 12 months from the date of the initial filing. Thus provides the inventor a time to make any necessary change or modification or addition to their invention before filing the final patent. 
 

Prior patent filing date 

At the time of filing the final patent, the date of filing will be that date when the provisional patent application is filed. This helps the inventor in securing the prior date for the invention. This is helpful in case when two similar patent application is filed the priority will be given to that application which is filed earlier. 
 

Tag

After the application of provisional patent is filed now the inventor can officially use the tag “patent pending” on the “patent applied” tag for their invention. this can be used as a major tool for sales purposes. The inventor with the help of this tag can receive the fund as the invention authenticity increases and the business becomes advanced in nature. 
 

Right to abandon 

If the inventor thinks that their invention is not a commercially viable product then the inventor has the right to abandon the patent
 


 

Required Documents 

For the registration of Provisional Patent, the following documents are required:

  • The title of the invention 
  • ID proof of the applicant 
  • Address proof of the applicant 
  • Full name of the applicant
  • Name of the business 
  • A complete description of the invention 
  • Technical details regarding the invention
     
Component of Provisional Patent Specification 

The provisional patent specification is widely based on the following:

a.  Title

The title must capture the features of the invention.
 

b.  Description

This starts with the preamble and must contain the field and object of the invention.
 

The process to file a Provisional Patent registration

The inventor has to file various forms and documents in order to file a provisional patent application and they are as follows:

Form I

It is used for making an application for the grant of patent. The form must be filed with the requisite details and signed and then submitted within a period of 6 months from the date of filing of the basic application.

Form 2

In this form, the title of the invention, name of the applicant, and description of the invention must be filed. It contains provisional specifications.

Form 3

This is required in case of any foreign patent application is made.

Form 5

Here inventorship declaration should be provided.

Form 26 

Copy of power of attorney if the application is filed by an authorized patent agent. It must be submitted within six months from the date of filing of the basic application.

Form 28

This is required when a small entity is filing the application.

-A Proper diagram or the illustration of the invention.

-Fees are also to be paid as prescribed by the Patent Act,1970, and Patent Rule, 2003.
 

Validity

The validity period of provisional patent registration is 12 months.
 

Frequently Asked Question's (FAQ’s)
 

What is a Provisional Patent?

The provisional patent patient is an intellectual property and is registered under the Indian Patent Act, 1970. Provisional patent registration is the initial step towards filing a complete and final patent. It is a brief synopsis that discloses the essence of the nature of the invention. This is the preliminary application that is filed before the final application.

Provisional patent registration is optional. It is useful for the inventors because the provisional patent registration locks the priority date and secures the invention from being copied or stolen by any other person. 
 

What is Patent registration?

Patent registration is obtained when something new is invented. Indian Patent Act Act governs the provisions of the Patent registration. The invention is the utmost criteria for patent registration. If the product is not invented then it can’t be registered under the Indian Patent Act, 1970.

Patent registration provides an exclusive legal right to an inventor. The inventor has legal authority over his invention and no one can copy or use the same without his permission. 
 

Under which Act Provisional Patent registration is governed?

Provisional Patent registration is governed under the Indian Patent Act, 1970.
 

Is it compulsory to file a provisional patent application?

No, it is not compulsory to file a provisional patent application. The filing of a provisional patent application is optional.
 

What is the validity period of provisional patent registration?

The validity period of provisional patent registration is 12 months.
 

What is the validity period of Patent registration?

The validity period of every patent registration is 20 years 
 

What is the main criteria for patent registration?

The main criteria for patent registration are that the product must be unique and it should be an invented one.
 

Conclusion

Filing the provisional patent application is optional. But if filed then the inventor can enjoy the advantages such as the brand enhancement of the business, can receive funds, do the research work properly, etc. It is also helpful in avoiding any future conflict.
 

Edited by Minu Mishra

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