Patent Provisional Specification
While applying for patent registration, one of the important legal documents to be filed is the provisional or complete specification. Specification may be filed either as a provisional or as a complete. A provisional specification is filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Provisional specification is filed along with a patent application to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed concurrently.
Reason to File Provisional Specification
Patent application must include a complete specification which is a techno-legal document that fully and in detail describes the invention and the best method of performing the invention. Complete specification is an extremely important document in the patent proceedings and must be drafted by an experienced Patent Attorney.
However, in some cases, the inventor might feel that the invention and requirement for compiling a complete specification has not yet been achieved. In such cases, a provisional specification can be filed along with a patent application to secure a priority date for the application. On receiving the provisional specification, the Patent office would allot a filing date and application number to the patent application. However, any application accompanying a provisional specification is deemed to be abandoned if no complete specification is filed within twelve months from the date of filing of the provisional specification.
Contents of Provisional Specification
Provisional specification should contain the title and description of the invention. All provisional specification should start with a preamble "The following Specification describes the invention". The description of the invention should start from the second page, starting with the field of invention and containing the background of the invention, object of the invention and statement of the invention. Claims should not be included in the provisional specification, as it is normally included in the complete specification only. However, it is still advisable to include as much information as the applicant has at the time of filing.
Related Guides
Popular Post
Starting a small business can be a transformative venture, offering the exciting opportunity...
Tax deduction at source, shortly and popularly known as TDS, was introduced by the Income Tax...
Goods & Services Tax Certificate is issued to people who are registered under GST...
GST registration applies to all individuals and entities supplying goods or services in India. GST...
Gift tax in India is applied when the value of the received gift exceeds ₹50,000 in the...
The Union Budget 2025 has brought significant changes to India’s personal income tax structure, raising the...
The Goods and Services Tax (GST) is an indirect tax system introduced in India in 2017. It functions...
A trademark search is simply checking if another person or organization does not already own the...
Section 194H of the Income Tax Act in India mandates the deduction of Tax at Source (TDS) on commission or brokerage...
Section 80G Deduction is a facility available in the Income Tax Act which allows taxpayers to...
The Income Tax Department (ITD) has not provided specific guidance on crypto taxes for Indian investors. However...
Internal audit applicability is a critical concept for companies in India, impacting various...
In the business world, two main types of companies exist: private company and public company...
Ministry of Finance vide a Notification No 05/2022- Central Tax (Rate) dated 13.7.2022 has issued...
The Central Board of Indirect Taxes and Customs (CBIC) has recently announced an extension...
Depreciation is a key concept in finance and accounting. It helps us manage how the value of...
Form 10IA of the Income Tax Department must be filed by taxpayers claiming income tax deduction...
The Goods and Services Tax (GST) system in India has been a significant reform in the country's...
India's Gross Domestic Product (GDP) benefits significantly from the substantial...
The Finance Act, 2023 introduced the MSME 45-day payment rule under Section 43B(h) of the Income Tax Act...
The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024, was announced by Union Finance Minister...