Provisional Patent: The Key To Protect Your Invention

Last Updated at: April 17, 2020
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How to get a provisional patent to protect your invention

Every day, we come across some new ideas. No one wants their ideas to get stolen or just copied by someone else. In the earlier days, most of the time, people could not claim copyright on their ideas and inventions. But, nowadays, you can play it smart by getting a patent on your inventions. Have some crazy out-of-the-box ideas in your mind, or have already started working on them? But still, concerned about the infringement on your inventions? You need not worry. You can get a Provisional patent on your inventions. 

  1. What is patent and provisional patent?

  2. Criteria for patentability

  3. Advantages of provisional patent

  4. Details in a provisional patent

  5. Filing provisional patent- The procedure

  6. Conclusion

What is patent and provisional patent?

Patent, in simple terms, means the exclusive rights and authority on the invention by an individual. While it means the provision of the rights on an invention during its process of making or on its design. 

For example – Suppose an Engineer, Mr. Ramesh is developing a design of Valves for dam gates. He knew it would take a year to complete it. But his invention is unique. So, he decides to go for a provisional patent. He will get the protection of his design for 12 months. 

Under section 9 of the Indian Patent Act 1970, we classify the patents into two categories:

  • Provisional patent: One can register for this patent during the process or design of the invention.
  • Complete patent: One can register for this patent once the invention is complete and ready for a license with any business or use elsewhere. 

Criteria for patentability

The authorities and the rules so made do not allow patent registration for all designs. Sometimes working or design might be similar, or just the idea which can lead to declination for registration According to the Indian Patent Act, one must mandatorily fulfill certain criteria to get the patent registration for their invention. These include:

  • Novelty: In simple terms, it means new. Patent registration of the idea or design must not have been done by any other individual.
  • Non-obvious: In the case of a previous design or idea, one must mandatorily add an inventive step to increase its usefulness. 
  • Utility for the industry: It should have a specific purpose that it can serve for the industry or the business the inventor develops it for. 

Patent Your Innovation Right Now

Advantages of provisional patent

Filing your patent is easy with a provisional patent. It also offers a list of several advantages which include the following:

  • Cost-effective: The major concern for an inventor to get patent registration done is the cost. The provisional patent is to rescue. Unlike the high cost of registration for the complete patent, the provisional patent is cost-effective. The inventor need not hire any patent agent. 
  • Protection from infringement: Filing your patent in the form of the provisional patent has the benefit of protection for 12 months from the date of filing. This time is sufficient for the inventor to focus on the amendments, growth, and specifications of the invention to make it public. 
  • Tag: While filing your own patent, one can use the “Patent Pending” tag in the case of copying of ideas or design. This helps in taking legal actions against the other person violating the laws.

Details in a provisional patent

While filing your and completing the registration process, one must provide the following details:

  • Name of the invention (design/process)
  • Provisional specifications
  • Objective, purpose, target audience and industry of the invention
  • A detailed description of the invention

Summing it up, the inventor has to provide a brief detail and report of the invention and its use.

Filing provisional patent- The procedure

While filing, one has to fill a list of several forms and documents as per the Indian Patent Act and Patent Rules, 2003. These include:

Form 1:

Granting the patent. After the filing of the application, form submission is done within 6 months to get the final approval.

Form 2:

It has all the provisional specifications of the invention along with its description. 

Form 3:

Used only with a foreign patent application.

Form 5:

It serves the purpose of declaration for the invention.

Form 26:

Declaration for the power of attorney to the patent agent.

Form 28:

Includes the e-filing fee and claim for a small entity, if required.

Conclusion

So, whether you are a creative person or an entrepreneur of a small, medium or Fortune 500 company, protecting your invention is quite easy with the provisional patent. You can register for this patent during the process or design of your invention.

 

 

 

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Provisional Patent: The Key To Protect Your Invention

256

Every day, we come across some new ideas. No one wants their ideas to get stolen or just copied by someone else. In the earlier days, most of the time, people could not claim copyright on their ideas and inventions. But, nowadays, you can play it smart by getting a patent on your inventions. Have some crazy out-of-the-box ideas in your mind, or have already started working on them? But still, concerned about the infringement on your inventions? You need not worry. You can get a Provisional patent on your inventions. 

  1. What is patent and provisional patent?

  2. Criteria for patentability

  3. Advantages of provisional patent

  4. Details in a provisional patent

  5. Filing provisional patent- The procedure

  6. Conclusion

What is patent and provisional patent?

Patent, in simple terms, means the exclusive rights and authority on the invention by an individual. While it means the provision of the rights on an invention during its process of making or on its design. 

For example – Suppose an Engineer, Mr. Ramesh is developing a design of Valves for dam gates. He knew it would take a year to complete it. But his invention is unique. So, he decides to go for a provisional patent. He will get the protection of his design for 12 months. 

Under section 9 of the Indian Patent Act 1970, we classify the patents into two categories:

  • Provisional patent: One can register for this patent during the process or design of the invention.
  • Complete patent: One can register for this patent once the invention is complete and ready for a license with any business or use elsewhere. 

Criteria for patentability

The authorities and the rules so made do not allow patent registration for all designs. Sometimes working or design might be similar, or just the idea which can lead to declination for registration According to the Indian Patent Act, one must mandatorily fulfill certain criteria to get the patent registration for their invention. These include:

  • Novelty: In simple terms, it means new. Patent registration of the idea or design must not have been done by any other individual.
  • Non-obvious: In the case of a previous design or idea, one must mandatorily add an inventive step to increase its usefulness. 
  • Utility for the industry: It should have a specific purpose that it can serve for the industry or the business the inventor develops it for. 

Patent Your Innovation Right Now

Advantages of provisional patent

Filing your patent is easy with a provisional patent. It also offers a list of several advantages which include the following:

  • Cost-effective: The major concern for an inventor to get patent registration done is the cost. The provisional patent is to rescue. Unlike the high cost of registration for the complete patent, the provisional patent is cost-effective. The inventor need not hire any patent agent. 
  • Protection from infringement: Filing your patent in the form of the provisional patent has the benefit of protection for 12 months from the date of filing. This time is sufficient for the inventor to focus on the amendments, growth, and specifications of the invention to make it public. 
  • Tag: While filing your own patent, one can use the “Patent Pending” tag in the case of copying of ideas or design. This helps in taking legal actions against the other person violating the laws.

Details in a provisional patent

While filing your and completing the registration process, one must provide the following details:

  • Name of the invention (design/process)
  • Provisional specifications
  • Objective, purpose, target audience and industry of the invention
  • A detailed description of the invention

Summing it up, the inventor has to provide a brief detail and report of the invention and its use.

Filing provisional patent- The procedure

While filing, one has to fill a list of several forms and documents as per the Indian Patent Act and Patent Rules, 2003. These include:

Form 1:

Granting the patent. After the filing of the application, form submission is done within 6 months to get the final approval.

Form 2:

It has all the provisional specifications of the invention along with its description. 

Form 3:

Used only with a foreign patent application.

Form 5:

It serves the purpose of declaration for the invention.

Form 26:

Declaration for the power of attorney to the patent agent.

Form 28:

Includes the e-filing fee and claim for a small entity, if required.

Conclusion

So, whether you are a creative person or an entrepreneur of a small, medium or Fortune 500 company, protecting your invention is quite easy with the provisional patent. You can register for this patent during the process or design of your invention.

 

 

 

0

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