You might have a new idea and want to protect it from being stolen. Or you might have been working long hours on an invention and need to figure out how to patent your work. If so, there is one important question you need to answer before any of that can happen- do you need a provisional patent?
Overview
A provisional patent application is a preliminary step taken by inventors to secure their invention before filing a complete patent application. It is a useful tool for securing a priority date for an invention that is nearing completion but still requires time to be fully developed.
Why is a Provisional Patent Application Important?
A provisional patent application is a preliminary step taken by inventors to secure their invention before filing a complete patent application. It is a useful tool for securing a priority date for an invention that is nearing completion but still requires time to be fully developed. A provisional patent application provides a one-year period of protection to the inventor, during which they can refine their invention and draft the complete specification.
Reasons to Consider How Long a Provisional Patent Will Last
The protection afforded by a provisional patent application is shorter than that granted to full patents, specifically the degree of privacy that is afforded. The major purpose of registering provisional patents is to offer investors and inventors security and temporary protection until they are completely able to seek a full patent.
Protections through a provisional patent application are only for one full year from the application filing date. This period is called a “pendency period.” During this time, the patent process is pending and cannot be extended under any circumstances.
Pros and Cons of Filing a Provisional Patent Application
Pros
- A cost-effective way to secure an invention before filing a complete patent application
- Provides a requisite patent filing date that can be swiftly obtained
- Provides a one-year period of protection to the inventor, during which they can refine their invention and draft the complete specification
- Allows inventors to establish priority of the invention and safeguard their rights during the time period required to take their conceptual invention to a complete specification
- Provides interim protection to the inventor for 12 months from the date of filing
Cons
- The protection afforded by a provisional patent application is shorter than that granted to full patents
- The major purpose of allowing provisional patents is to offer investors and inventors security and temporary protection until they are completely able to seek a full patent
- The period of protection afforded to intellectual property that is provisionally patented is shorter than that granted to full patents
- A provisional patent application does not issue as a patent, but only a later-filed nonprovisional application may issue as a patent and benefit from the provisional application filing date
As for drawbacks:
- Provisional patent applications are not considered the same as regular patents because they have less legal protection
- Even a non-provisional patent application’s claims cannot be enforced until the patent has been granted. A provisional patent application affords even less protection
Deadlines for Filing a Provisional Patent Application
A provisional patent application must be followed by a complete specification within 12 months from the date of filing the provisional specification. The Indian Patents Act of 1970 governs the procedures pertaining to provisional patent application in India.
What Could Happen if You Go the Provisional Route?
If you go the provisional route, you will have a one-year period of protection to refine your invention and draft the complete specification. You will also have a cost-effective way to secure your invention before filing a complete patent application.
However, the protection afforded by a provisional patent application is shorter than that granted to full patents. Additionally, a provisional patent application is not issued as a patent, but only a later-filed nonprovisional application may be issued as a patent and benefit from the provisional application filing date
FAQs:
How can I file provisional patents online in India?
Filing a provisional patent application online is a demanding process, but it provides a requisite patent filing date that can be swiftly obtained. Get help from the experts at Vakilsearch to file your provisional patent in India.
What are the benefits of provisional patents in India?
A provisional patent application is a useful tool for securing a priority date for an invention that is nearing completion but still requires time to be fully developed. It provides a one-year period of protection to the inventor, during which they can refine their invention and draft the complete specification.
Can a provisional patent be refiled?
It may be possible to refile a provisional patent application, but not without consequences.
Also, Read:
