Provisional Patent Registration
A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development and further patent operations. One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be 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.
The average time taken to file a provisional patent application is about 15 – 20 working days, subject to government processing time and client document submission. Get a free consultation on provisional patent application filing by scheduling an appointment with an IndiaFilings Advisor.
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One of the most important legal documents while applying for patent registration is Provisional Specification or Complete Specification. 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. Hence, Provisional Specification are akin to draft specification filed mainly to secure a priority date for the Application over any other Application which could be filed in respect of the same invention being developed by a competitor.
A Provisional Specification must contain the title and description of the invention. The description 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. In provisional specification, claims are not included. Claims are normally included only in the complete specification.
Documents Required to Register Copyright
- Form 1 ( Application for grant of patent)
- Form 2 (Provisional Specifications)
- Form 5 ( Declaration of Inventorship)
- Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary.
- E-filing fees (Patent Statutory fee)
- Form 3 (Corresponding foreign patent application statement and undertakings)
- Priority Document ( This is used for convention applications if priority date is claimed).
- Illustrations/Drawings of the invention.
Advantages to Register Provisional Patent:
Patent protection is not enforceable for inventions that are not registered. Hence it is recommended to register a patent instantly. Only patent holder can sue for damages in case of patent infringement.
Patent registration is valid for 20 years from the date of filing of Patent Application, irrespective of whether it is filed with provisional or complete specification.
Global Patent Protection:
A patent registration in India can be used as the basis for patent registration in other countries. Foreigners and Foreign entities can also register their patent in India.
After registration, patent becomes intellectual property, which is an intangible asset for an organization. Registered patent can be sold, franchised or commercially contracted.
Patent registration provides a unique competitive edge for business. Competitors will not be allowed to use the patented invention for similar goods or services.
What is the process for Provisional Patent Registration ?
How we help with Provisional Patent Registration:
1. Application Preparation: Our Patent Expert will prepare the patent application for your business based on your requirements and information.
2. Application Filing: Once the patent registration application is prepared and signed by you, we can file it with the Patent Office electronically.
3. Application Tracking: Once the patent application is filed with the Registrar, the Government processing will start.
Frequently Asked Questions
A Provisional Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
An invention relating either to a product or process that is new, involves inventive steps and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.
A true and first inventor or his assignee, either alone or jointly with any other person can file an application for Provisional Patent Registration. However, legal representative of any deceased person can also make an application for Provisional Patent registration.
Provisional Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no Provisional Patent valid worldwide.
- An invention that is frivolous or that claims anything contrary to natural laws;
- An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
- The mere discovery of a scientific principle or the formulation of an abstract theory;
- The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
- A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
- The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way;
No. Patents are granted by Provisional Patent offices in exchange for a full disclosure of the invention. In general, the details of the invention are then published and made available to the public at large.
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