Provisional Patent

Provisional Patent in India

The application for patent can be filed in two different ways the first one is provisional patent application and the other one is non-provisional (complete) patent application. The provisional patent application provides an opportunity to the applicant to establish the right early.

The Provisional Patent is not a Patent as such, this application is filed to get the status of Patent Pending, which provides protection to the inventor for the period of 12 months from the date of filing application. The application for provisional patent is filed when invention is not complete and it is under process of development, through this application an inventor gets an opportunity to protect his invention even before its completion or finalisation.

Overview
Features

Features of Provisional Patent

  • It allows the inventor to use the term “Patent Pending” for the period of 12 months.
  • The official patent application filing date for the invention is established.
  • It provides the security against the copy of invention by others for the specified period.
  • The provisional patent is not published and examined by the department.
  • Provisional patent will be automatically abandoned after 12 months of filing if complete patent application is not filed during that period.
Steps

Procedure for Filing Provisional Patent Application

STEP 1: PROVISIONAL PATENT SEARCH- The patent search will help the inventor to discover for the following points:
Essential conditions to meet patentability:
NOVELTY: The innovation must be new. One cannot patent an invention that is already available publically.
NON-OBVIOUS: This means that the product or process must be inventive it should not be obvious to skilled person if it so it is not patentable.
UTILITY: The new product, process or invention must be useful which it must applied to or applicable in industrial process.

STEP 2: DRAFTING OF PROVISIONAL PATENT APPLICATION: While drafting application for provisional patent following information shall be included:
a) Name of inventor.
b) Residence of inventor.
c) Title & object of the invention.v d) Name and registration Number of Attorney or Agent (if applicable).v e) Summary of the invention.
f) Drawings of invention.

STEP 3: FILING OF APPLICATION- The application shall be filed and submitted to the Patent Office. This application can be filed by inventor himself/itself or by the registered Attorney or Agent.

STEP 4: GENERATION OF APPLICATION NUMBER- After filing the provisional application the application number is immediately generated and date of filing is recorded by the patent office and inform the application number to the applicant.

STEP 5: TAGGING- After generating of application number, the applicant is capable of using the term “Patent Pending” or “Patent Applied For” to the invention to protect it from stolen.

STEP 6: ABANDONMENT OF APPLICATION- The provisional patent application will be abandoned if the applicant does not file non-provisional (complete) patent application within 12 months from the date of filing the application.

Steps
requirements
Documents

Document Required for Provisional Patent Registration

Following documents are required to be filed for provisional patent application:



  • Title & object of the invention.
  • Provisional specification and drawings of invention.
  • Declaration of inventorship.
  • Name and registration Number of Attorney or Agent (if applicable).
  • Summary of the invention.
  • Drawings of invention.
  • Advantages
  • Such other documents as may be requested.

Advantages of Provisional Patent Registration

  • COST EFFECTIVE: Filing of application for provisional patent is less expensive as compared to filing of complete patent application.
  • FAST PROCESS: The process of acceptance of provisional patent is less time consuming as this application is not examined and published by the Patent Office.
  • EASY TO PREPARE: The requirements for filing provisional application are much simplified by the Patent office because it requires minimum information like specify the title, indicate the field of invention, its nature and potential uses which results in easy preparation of application by the applicant.
  • ESTABLISHES OFFICIAL PATENT FILING DATE: On filing provisional patent application the date of filing is recorded which is considered as official filing date for invention.
  • TAG: After the acceptance of application the inventor is permitted to tag his invention as “Patent Pending” or "Patent Applied for" this is useful for protecting it.
  • INTERIM PROTECTION: Provisional Patent provides protection to the invention from being stolen for the period of 12 months from the date of filing.
  • Extension of patent term by one year
  • CONFIDENTIALITY: Confidentiality of the application is maintained before it is published by Patent office.
Benefits
Validity

Validity Period of Provisional Patent

The Provisional Patent is valid for 12 months from the date of filing the application. The applicant is required to submit the complete application of patent within these 12 months, if applicant fails to do so then the provisional patent is abandoned.

Provisional Patent Application Fees

Fees for application of Provisional Patent (Form 1 fee)

Applicant Applicable Fees
(In case of e-filing)
Applicable Fees
(In case of Physical filing)
Natural person or start-up 1600 1750
Small Entity 4000 4400
Others 8000 8800
Govt Fees

What is Provisional Patent?

The application for patent can be filed in two different ways the first one is provisional patent application and the other one is non-provisional (complete) patent application. The provisional patent application provides an opportunity to the applicant to establish the right early.

The Provisional Patent is not a Patent as such, this application is filed to get the status of Patent Pending, which provides protection to the inventor for the period of 12 months from the date of filing application. The application for provisional patent is filed when invention is not complete and it is under process of development, through this application an inventor gets an opportunity to protect his invention even before its completion or finalisation.

What steps are involved in filing Provisional Patent application?

For filing Provisional Patent application following steps should be followed:



  • STEP 1: PROVISIONAL PATENT SEARCH
  • STEP 2: DRAFTING OF PROVISIONAL PATENT APPLICATION
  • STEP 3: FILING OF APPLICATION
  • STEP 4: GENERATION OF APPLICATION NUMBER
  • STEP 5: TAGGING
  • STEP 6: ABANDONMENT OF APPLICATION

See Details

What are the features of Provisional Patent?

  • It allows the inventor to use the term “Patent Pending” for the period of 12 months.
  • The official patent application filing date for the invention is established.
  • It provides the security against the copy of invention by others for the specified period.
  • The provisional patent is not published and examined by the department.
  • Provisional patent will be automatically abandoned after 12 months of filing if complete patent application is not filed during that period.

What documents are required for Provisional Patent registration?

Following documents are required to be filed for provisional patent application:



  • Title & object of the invention.
  • Provisional specification and drawings of invention.
  • Declaration of inventorship.
  • Name and registration Number of Attorney or Agent (if applicable).
  • Summary of the invention.
  • Drawings of invention.
  • Advantages
  • Such other documents as may be requested.

What is the validity period of Provisional Patent?

The Provisional Patent is valid for 12 months from the date of filing the application. The applicant is required to submit the complete application of patent within these 12 months, if applicant fails to do so then the provisional patent is abandoned.

What are the Types of Patent?

There are three types of Patent:



  • UTILITY PATENT: This Patent is granted to the inventor who invents a new and useful invention or any new and useful improvement thereof that is not obvious to others in the field of invention.
  • PLANT PATENTS: This Patent is granted to the inventor who invents and asexually reproduces any distinct and new species of plant.
  • DESIGN PATENT: Design Patent is granted to anyone who invents a new, original, and ornamental design for an object which can include the shape or configuration of an object.

What are the advantages of Provisional Patent registration?

  • COST EFFECTIVE: Filing of application for provisional patent is less expensive as compared to filing of complete patent application.
  • FAST PROCESS: The process of acceptance of provisional patent is less time consuming as this application is not examined and published by the Patent Office.
  • EASY TO PREPARE: The requirements for filing provisional application are much simplified by the Patent office because it requires minimum information like specify the title, indicate the field of invention, its nature and potential uses which results in easy preparation of application by the applicant.
  • ESTABLISHES OFFICIAL PATENT FILING DATE: On filing provisional patent application the date of filing is recorded which is considered as official filing date for invention.
  • TAG: After the acceptance of application the inventor is permitted to tag his invention as “Patent Pending” or "Patent Applied for" this is useful for protecting it.
  • INTERIM PROTECTION: Provisional Patent provides protection to the invention from being stolen for the period of 12 months from the date of filing.
  • Extension of patent term by one year
  • CONFIDENTIALITY: Confidentiality of the application is maintained before it is published by Patent office.

What is the fee for filing application of Provisional Patent?

Fees for application of Provisional Patent (Form 1 fee)
o In case of e-filing

Applicant Applicable Fees
(In case of e-filing)
Applicable Fees
(In case of Physical filing)
Natural person or start-up 1600 1750
Small Entity 4000 4400
Others 8000 8800

What is difference between Provisional Patent and different form of Intellectual Properties?

A detailed comparative chart of difference between various forms of intellectual properties can be found at the end of this page.

Difference in Different Form of Intellectual Property Rights

What Tag is associated with the Provisional Patent?

Once the registrar accepts the provisional patent application the applicant would be able to use 'Patent Pending' tag on its product any time in 12 months.

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