BASIC PLAN
PROVISIONAL PATENT MEANING:
o A provisional patent application is not an actual patent.
o A provisional patent application is a cheap and fast way to gain protection on an invention for 12 months and allows the inventor to test and perfect a concept prior to filing a full patent.
o 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.
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PROVISIONAL PATENT REGISTRATION
- PROVISIONAL PATENT MEANING:
- If there is a valuable invention, it is better to get patent and protect it from infringement.
- If you want to prevent others from stealing your invention, it is important to secure an accurate patent application filing date.
- A patent is an ideal way to protect ideas.
- A provisional patent application is often filed to protect an idea while the inventor refines and develops the idea.
- 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.
- When is provisional patent used:
- The provisional patent 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, prior to the subject of the original invention described in the provisional patent can be taken before it is terminated.
DOCUMENTS REQUIRED FOR PROVISIONAL PATENT REGISTRATION
IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhar card, ration card or passport).
- Form 1 (Application for grant of a patent).
- Form 2 (Provisional/ Complete specification).
- Form 26 – Form for authorization of a patent agent (when an agent is applying on behalf of the inventor).
- Form 28 – (in case the applicant is a start-up or small entity).
- Priority documents (when the registration is on the basis of any foreign registered patent intending to enter the Indian market).
BENEFITS OF PROVISIONAL PATENT REGISTRATION
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.
Establish 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.
Pending Patent Tag:
Once the provisional patent specification has been filed, the inventor can officially and legally use the “Patent pending” or “Patent applied” tag for their invention. This tag will help receive funds as the invention’s authenticity rises while the primary business model is advanced.
Scope of Abandonment:
An applicant can easily abandon an invention if he thinks that the product created is not commercially viable.
Secrecy:
As there is no publication of the patent application, the prioritized data can be maintained by secrecy.
PROCEDURE FOR PROVISIONAL PATENT REGISTERATION
INVENTION DISCLOSURE FORM (IDF) PREPERATION
Provide the information which are 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.
INVENTION CONSOLIDATION
- A filled out Invention Disclosure Form (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.
NOVELTY SEARCH
- It helps you to identify new technical features that are unique.
- Our Experts will search for worldwide accessible documents to recognize if there is any document published, the same or similar to its technical features.
PATENT SPECIFICATION PREPERATION
- Once the novelty of the invention is verified, our experts will 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.
FORMS PREPERATION
- Our Experts will prepare all the required sets of forms to be filed along with Patent Specification.
FILING PATENT APPLICATION
- Our Experts will file patent Application along with the requisite fees.
- Consequently, the patent application number will be shared by the Patent office.
FREQUENTLY ASKED QUESTION - FAQ.
How can I apply for a Patent?
- A patent application can be filed with the Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I.
- In case the application is filed with provisional specification, then one has to file complete specification 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.
What are the types of applicattions that can be filed?
The types of applications that can be filed are:
1) PROVISIONAL APPLICATION: Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a ―priority date of the invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market potential and to file the complete specification.
2) ORDINARY APPLICATION: An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such a type of application is known as an ordinary application.
3) CONVENTION APPLICATION: An application for a patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.
4) PCT INTERNATIONAL APPLICATION: An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.
5) PCT NATIONAL PHASE APPLICATION: When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.
6) PATENT OF ADDITION: When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for a patent of addition if the modification in the invention is new. One of the benefits of filing a patent of addition is that there is no need to pay a separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
7) DIVISIONAL APPLICATION: When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided out of the parent one, is known as a Divisional Application. The priority date for all the divisional applications will be the same as that of the main (the Parent) Application (Ante-dating).
What is a Provisional Patent Registration?
- If you want to prevent others from stealing your invention, it is important to secure an accurate patent application filing date.
- A provisional patent application is often filed to protect an idea while the inventor refines and develops the idea.
- 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.
How can a Patent Search be done?
The database of patents will provide every detail of existing inventions and application received. The applicant can conduct a search in the database using keywords.
When can Patent be objected?
- It can be objected within 6 months from the date of publication in the journal in form 7A and 12 months after the grant of the patent.
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 to make changes on Provisional Patents once it is filed?
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.
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.
Is there any Jurisdiction for filing Patent applications in India?
Yes, India has four patent offices located at Kolkata, New Delhi, Mumbai and Chennai.
» Each office has a separate territorial jurisdiction.
» The appropriate office for all proceedings including filing of the application depends normally where the applicant/first mentioned applicant resides/has domicile/has place of business/has origin of invention.
» In case of foreign applicants, it depends on the address for service in India given by such applicant.
What are the obligations of the patentee after the grant of Patent?
- After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I.
- For the first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.
When can a patent be restored after its cessation?
A request for restoration of patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee.
» After receipt of the request the matter is notified in the official journal for further processing of the request.
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