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What Is The Process For Filing A Provisional Patent In India?

provisional patent

In today’s world, patent protection gives firms and inventors a competitive advantage by creating a legal boundary around their innovation in the form of a patent application. Filing a provisional patent application before making your invention public not only protects your innovation for a year but also encourages you to do more research and development.

Here’s a summary of everything you need to know.

What is a Provisional Patent?

It is preferable to patent a valuable invention as soon as possible to protect your invention against infringement. A provisional patent is a type of patent application that can be filed and maintained for a year. The provisional patent is treated as having been applied for on the date that the application was submitted. The actual patent must be filed before the conclusion of the 12 months.

Furthermore, even if someone tries to file an identical patent after your invention, you will still be protected by the patent. It is easier to finish the application, and it is faster and less expensive.

advantages of a Provisional Patent

What are the advantages of a Provisional Patent?

Early establishmentEarly establishment
  • A provisional patent allows you to register your name against an invention before it is finalised. The patent is awarded to the first person to file it, not the first person to discover it.
Affordable costAffordable cost
  • The provision for provisional patents is included in the Act to ensure that if an investor or innovator does not have the financial means to file a full patent application or engage a patent agent, they are allowed time to do so. When you compare a complete patent, the cost of filing a provisional patent is significantly lower.
Minimum information requiredMinimum information required
  • Even if an invention is still in the conceptual stage, a provisional patent simply requires the title, designation of the invention’s field, nature, and possible application to be filed.
Examine Market's PotentialExamine Market’s Potential
  • Before completing the next step and filing a complete specification, the preliminary specification might help you assess the market viability of your idea.
Temporary protectionTemporary protection
  • When a provisional patent application is approved, you are protected for 12 months from the date of the initial application. Meanwhile, this guarantees that you can refine your innovation and complete the necessary tasks before applying for a full patent.
Related read: Copyright Vs. Patent Vs. Trademark: Which One Is Right For You?

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What are the details and documents required to file a patent application?

To file a provisional patent application, you’ll need the following information:

  • Personal information about the candidates, such as your name, residence, and nationality.
  • Information about the inventors, such as their name, location, and nationality(s).
  • If a provisional application is required, a complete specification (or provisional specification) must be filed.
  • Information about the patented product, including a description, claims, abstract, and, if applicable, drawings.
  • Information on similar overseas applications, such as the application number, filing date, and current status.

You’ll also need the following documents for the patent application:

  • Title of creation
  • Applicant information
  • Brief about creation
  • Technical of the creation

What are the steps to file a Provisional Patent?

A set of forms and documents must be submitted to file a provisional patent application. The following documents are required to file for a provisional patent:

  • Form-1: This is the form that is used to apply for a patent. It must be signed and submitted within six months of the primary application being filed. This form must be filled out completely, including the inventor’s name, the type of innovation, and the applicant’s signature at the bottom.
  • Form-2: This form will be used to record preliminary specifications. You must write ‘Provisional Specification’ and include the applicant’s title and name. You must also have a description of the invention in this form.
  • Form-3: This is the form that is used to file a comparable foreign patent application (only required if there is a foreign patent application).
  • Form-5: This is the inventorship statement.
  • Form-26: A declaration of power of attorney authorizing the Patent Agent to act on your behalf (only required if an application is being filed via a patent agent). It must be presented within six months of the filing of the application.
  • Form-28: A claim form for a small business (only if required). Submission of the invention’s drawing/illustration/design (not needed in the case of a process).

Conclusion

A patent is an excellent approach to safeguard your ideas. A provisional patent is a preliminary application that can be filed before a permanent patent is submitted. When an invention is incomplete, and the applicant wants to secure a priority date or first filing date, the applicant can use the term “patent pending,” submitting a provisional patent specification is advised.

How can ICI help you?

The patent filing process in India is time-consuming and inconvenient. That’s where our expert team of professionals, with years of expertise, can help you take care of the whole patent application procedure for you, saving you time and money. As a result, contact our team of specialists immediately to obtain exclusive rights to your ideas.

Our scope services include:

  • Conducting a thorough search on the website of the Controller General for Patents, Copyrights, and Trademarks.
  • This search will help determine whether the mark of innovation/creation is available for registration in India.
  • Creating and submitting application forms

Our other areas of service include:

  • Changes to the application or registration
  • Assistance with litigation
  • Assistance in renewing
  • Assistance in the preparation licensing agreements, assignment deeds, and other legal documents
Protect your innovations from infringement today!

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