Permanent & Provisional Patent

Q: f. What can and cannot be patented?

» Laws of Nature: Mathematical equations that hold patent applications on Earth are frequently depicted in the Laws of Nature. You cannot patent these concepts, even though they are remarkable findings. » Living things: It is not a patentable innovation to discover or create a new species by combining two organisms. » Ideas: Ideas that cannot be executed.

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What is Permanent & Provisional Patent?

A patent is an absolute right given by the government to the creator, excluding others to manufacture, utilise or trade his creation till the life of the patent. In simple words, Patent gives the sole right for our design. The primary purpose of a patent is to avoid people from stealing one’s creation. The duration of a patent is 20 years, after that the invention is open for all. The period is set long so to motivate the creators into creating more or upgrading their creations. A creator, patent registered has the absolute right to sue anyone who is using his invention.

An Overview

A patent is a perfect way to protect creations. The first move for filing a patent is a provisional patent. It covers the invention so that it does not imitate or claim authorisation over it. The legal right given to a creator for his creation is termed as a permanent patent.

	Provisional patent	Permanent patent
Meaning	Protects the creation from others being imitated or claims authorisation over it.	The legal right given to a creator for his creation.
Duration	12 Months	20 years
The patent can be done	New inventions by inventors
The patent cannot be done.	Naturally occurred substances

Benefits

Documents Required

Permanent Patent:
Title of Creation
Patent Application Form
Brief about creation
Technical & Drawing of the creation; along with the provisional patent (if any)
DSC of the applicant

Process

Provisional Patent:
Step 1: Prepare Invention Disclosure Form (IDF)
Step 2: Consolidate your invention
Step 3: Search Uniqueness
Step 4: Prepare Patent Specification
Step 5: Patent exception
Step 6: File a Patent Application

Permanent Patent:
Step 1: Search for the patent
Step 2: File a Patent Application
Step 3: Prepare a patentability report
Step 4: Request for patent examination
Step 5: Patent exception
Step 6: Draft a proper response for patent exceptions & grant patent

How will we help you?

Submit a service request by clicking here
Our team will be there with you, to understand the necessary details about the business & provide you with a simple checklist.
Once you fill-up the checklist & provide us with the required documents, our team shall verify them.
In case of any query(s) from the department, our experts shall respond to them on your behalf.

FAQs

a. What is a permanent patent?

Permanent patent protection means that the innovation cannot be manufactured, used, distributed, or sold commercially without the owner’s permission.

b. What is the difference between a provisional patent and a complete patent?

A provisional patent specification describes the innovation in broad terms, whereas a complete patent specification describes the invention in detail.

c. What is a provisional patent in India?

A provisional patent specification is a preliminary application that must be filed before a regular patent may be filed. It explains the invention in broad terms, but not thoroughly. It’s the document that can be filed at the Office of the Controller of Patents before a Complete Specification about a potential patent.

d. How long does a provisional patent last?

The pendency of a provisional patent application is 12 months from the day the provisional application is filed. It is not possible to extend the 12-month pendency period.

e. What are the 3 types of patents?

Utility patents, design patents, and plant patents are the three types of patents. Utility patents protect the function of a compound, machine, or method.

f. What can and cannot be patented?

» Laws of Nature: Mathematical equations that hold patent applications on Earth are frequently depicted in the Laws of Nature. You cannot patent these concepts, even though they are remarkable findings.

» Living things: It is not a patentable innovation to discover or create a new species by combining two organisms.

» Ideas: Ideas that cannot be executed.

g. What cannot be patented in India UPSC?

Patents linked to any agriculture or horticulture-related process or processes related to atomic energy are not eligible for grants.

e.g. inventions in relation to uranium, beryllium, thorium, radium, graphite, lithium etc as specified by the Central Government. The topography of integrated circuits also cannot be patented in India.

h. Who can apply for a patent?

A patent application can be filed by the real first inventor or his assignee, alone or in collaboration with others. Any legal representative of a deceased individual, on the other hand, can file a patent application.

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