Provisional Patent Registration

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About Provisional Patent Registration

What is a Provisional Patent?

If there is a valuable invention, it is better to patent it as soon as possible and protect it from infringement. A patent is an ideal way to protect ideas. The provisional patent 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 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

When it’s about filing for a patent, many factors such as cost of filing, date of filing, protection period, etc come into play. Therefore filing a provisional patent renders the following advantages:

  • Cost-effective: The provision for provisional patents is given under that Act to ensure that in the case where the investor/inventor does not have the financial threshold to file for a complete patent or hire a patent agent, they are given time to do so. The cost of filing for a provisional patent is considerably lower compared to that of a complete patent.
  • Interim protection: 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. This ensures that in the meantime, they further improve their invention or are given time to do whatever they need to do before obtaining a complete patent.
  • Patent filing date: When a person is trying to file for a patent, the date of the filing plays a significant role. For example, where there are two similar applications, the priority is given to the application with the earlier filing date compared to the application with the later filing date. Therefore when one has a provisional patent, and then he files for a complete patent, the date that is taken as the filing date will be that of the date on the filing of the provisional patent.
  • Tag: 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.
  • Abandonment: 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.

Documents required for Provisional Patent Registration

  • Form 1 (application for grant of the patent)
  • Form 2 (provisional specifications)
  • Form 5 (Declaration of Inventorship)
  • Form 26(Power of attorney) (required if an agent files the form on behalf of the applicant)
  • E-filing fees (Statutory Patent fee)
  • Form 3 (Corresponding declaration and undertakings concerning foreign patent application)
  • Priority document ( For convention application if the priority date is claimed)
  • Illustration/ Diagrams of the invention.

What is a Provisional Patent Application in India?

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 in 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 application.

Benefits of a Provisional Patent

Minimal Information Required

Even if an invention is at a conceptual frame, a provisional patent only requires to specify the title, designate the field of the invention, its nature, and potential use to file a provisional specification.

Established Right Early

The provisional patent permits one to book his/her name against an invention, even before it is final. The patent is granted to the person who files it first, rather than the person who discovers it first.

Assess Market Potential

The provisional specification assists in reaching the market potential and your invention before taking the final plunge and filing a complete specification.

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Provisional Patent Registration FAQ's

Can you search for a 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.
 
How long does it take to get the approval provisional patent?
On average, it takes between four to six years from applying in India to get provisional patent approval.
 
What is a provisional patent specification?

A provisional patent specification is a preliminary step to obtain protection before a complete patent specification is filed.

 
How to make changes on provisional patents once it is filed?
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.
 
What are the advantages of obtaining Provisional patent specification?

A provisional patent specification provides interim protection to the invention as well as it is very cost-effective.

 
Can you sell a Provisional Patent?
Yes, there is an option for selling a provisional patent application. You can also license them. A provisional patent includes a specification, which is a description, and a drawing of an invention. Moreover, drawings are required when it is necessary for understanding the subject matter that is sought to be patented.
 
What information will a provisional patent specification provide?

A provisional patent specification will include: Name/title of the invention/ the design or the process The provisional specifications ( Does not have to claim any sections) Description of the invention Field and the objective of the invention

 

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