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.
The documents required for Provisional patent registration are mentioned below:
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.
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.
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.
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.
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.
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.
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.
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.
The information contained in a provisional patent
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.
The description begins with the preamble and includes the innovative field and the object.
The description of the innovation starts with a preamble 'The following specification defines the innovations.'
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.
This segment depicts the importance of invention and the benefits of the inventions.
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:
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.
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.
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.
An applicant can easily abandon an invention if he thinks that the product created is not commercially viable.
As there is no publication of the patent application, the prioritized data can be maintained by secrecy.
Last updated: Dec 11, 2021