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Provisional Patent Registration

Provisional patent registration is the application that is usually made before filing a usually patent. Provisional patent registration is a document that is filed before complete patent specification in the office of the controller of patents pertaining to an outlook patent.

As the patent is incomplete, it is known as a Provisional patent. Getting a provisional patent registration is not mandatory, but it has many advantages for the inventor. The provisional specification is filed along with a patent application if the applicant feels that the invention is at a stage wherein it can be disclosed on paper but has not attained the final step.

Usually, a Provisional specification is filed along with a patent application to secure a priority date for the application over any other application filed in respect of the same invention being developed.

To get a complete patent, a lot of details of the design and the specifications are required. Patenting involves a lot of research and development. Even if they have not fully formed the patentable design or process, an individual can obtain provisional patent registration to protect their work.

The most significant reason to get a provisional patent is to provide security and a form of interim protection to the applicant until he pursues a complete patent.

Documents required for Provisional Patent Registration

The documents required for Provisional patent registration are mentioned below:

  • Form 1 (application for grant of the patent)
  • Form 2 (provisional specifications)
  • Form 5 (Declaration of Inventorship)
  • Form 26(Power of attorney) (required if an agent files the form on behalf of the applicant)
  • E-filing fees (Statutory Patent fee)
  • Form 3 (Corresponding declaration and undertakings concerning foreign patent application)
  • Priority document ( For convention application if the priority date is claimed)
  • Illustration/ Diagrams of the invention.

Patent Filing Procedure

What is the procedure to file a patent in India?

The Indian Patent Act,1970 regulates the Patent laws in India. It deals with the registration, renewal, transfer, and protection of patent rights in India. For an invention to get patented, it must be novel, have an inventive step, and displays industrial applicability.

Patent Search

Before registering any intellectual property rights like trademark registration or design registration, it is advisable to search the public database. A patent search will help the inventor or patent attorney determine the patent's novelty and its obviousness.

Conducting a patent search will also help discover inventions that are already registered, helping the inventor either draft the application or extend the innovation scope to distinguish from the existing inventions.

Patent Filing

After the patent search, the next step is to draft the patent application by the patent attorney's inventor. The application must be a specification, a legal document with scientific information which constitutes the patent rights.

Specification play a major role in the patent application process and must be drafted by an experienced patent attorney. It is necessary to mention the various features of the invention. Patent specifications are of two types - Provisional specification and Complete specification.

Provisional Specification

When the invention has reached a presentable form but not the final share, the applicant can file a provisional specification. A provisional specification will help the individual to establish the priority of the inventor over any other person who is likely to apply the same application.

After filing a provisional specification, the patent office provides a patent filing date for the invention. From the filing date, the inventor has 12 months to develop the invention and submit the complete specification.

Complete Specification

Once the provisional specification is filed, and a patent filing date is obtained, a complete specification must be filed within 12 months. Any patent application for which full specification is not filed will be considered abandoned.

A complete specification must include the title, preamble of the invention, name, address, and nationality of the applicant, field of the invention, general statement of invention, a full description of the invention, the primary method of making the invention work, statement claims, drawings and abstract.

To avoid errors, an experienced patent attorney must prepare the complete specifications.

Patent Publication

After the patent application is filed, the application is accepted, and the patent application is published in the patent journal. Patent applications will not be published for 18 months from the date of filing of the application or from the date of priority of the application, whichever is earlier.

If the applicant wishes to have a speedy process, Form 9 can be filed to request publication at the earliest.

Patent Examination

A request for patent examination must be filed within 48 months of filing a patent application or date of priority of the application, whichever is earlier.

The patent examiner will determine if the application satisfies the novelty, inventive step, and other criteria established for granting the patent registration.

Suppose there are objections the same will be raised by the patent examiner in the first examination report. Response to the objection raised in the first examination report can be filed within 12 months by the applicant.

Patent Registration

On submission of a response to a First Examination Report, if the Examiner is satisfied that all criteria for granting a patent are satisfied, patent registration is granted. The term of validity of the patent will be 20 years from the filing of the patent application.

Pay as you go grow pricing

All Inclusive Pricing - No Hidden Fee

Basic

35899

all inclusive fees

Provisional application of device patents with the Indian Patent Office. Invention abstract and provisional specifications to be provided by the client. Inclusive of government fees and service tax.

Premium

69899

all inclusive fees

Provisional application of device, design or medical patents with the Indian Patent Office. Invention abstract to be provided by the client. Claims specifications will be drafted by Indiafilings expert. Inclusive of government fees and service tax.

Components of Provisional Patent Specification

The information contained in a provisional patent

  • The invention/ design/ process name/ Title
  • Provisional requirement
  • Definition of innovation
  • Field and intent of innovation
  • 1

    Title

    The preliminary requirements for the patent will begin with the title of the invention. The titles need to reflect the invention's features equally, be brief and precise. It will be within 15 terms. The name of the applicant, the term patent, abbreviation, etc., should not be included in the text.

  • 2

    Description

    The description begins with the preamble and includes the innovative field and the object.

    Preamble

    The description of the innovation starts with a preamble 'The following specification defines the innovations.'

  • 4

    Field

    This section should state the technical field to the field it belongs to. This is done to clear the extent where this is the essence of the product and the application designation.

  • 5

    Object

    This segment depicts the importance of invention and the benefits of the inventions.

Benefits of Patent filing Specification

Filing a patent has many factors associated, such as cost of filing, date of filing, the protection period, etc. Getting a provisional patent renders the following advantages:

Cost-effective

The cost of a provisional patent specification is comparatively lower than that of a complete patent specification which saves a fair amount of the applicant concerning professional fees.

Duration

Research of the industry is essential to develop claims. The inventor is unaware of what basis to claim protection for it. The twelve-month gap between the provisional patent specification and complete patent specification can be used for research and analysis effectively.

Pending patent tag

Once the provisional patent specification has been filed, the inventor can officially and legally use the "Patent pending" or "Patent applied" tag for their invention. This tag will help receive funds as the invention's authenticity rises while the primary business model is advanced.

Scope of abandonment

An applicant can easily abandon an invention if he thinks that the product created is not commercially viable.

Secrecy

As there is no publication of the patent application, the prioritized data can be maintained by secrecy.

Provisional patent FAQ

What is a Provisional Patent specification?

A provisional patent specification is a preliminary step to obtain protection before a complete patent specification is filed.

What are the advantages of obtaining Provisional Patent Specification?

A provisional patent specification provides interim protection to the invention as well as it is very cost-effective.

What information will a provisional patent specification contain?

A provisional patent specification will include:

  • Name/title of the invention/ the design or the process
  • The provisional specifications ( Does not have to claim any sections)
  • Description of the invention
  • Field and the objective of the invention

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Last updated: June 30, 2021

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