Permanent & Provisional Patent

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What is Permanent & Provisional Patent?

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An Overview


Related read: Copyright Vs. Patent Vs. Trademark: Which One Is Right For You?

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

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

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.

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.

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

» 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.

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.

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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