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Can You Sell Your Invention with a Provisional Patent

If you're looking to sell a provisional patent application, some steps need to be taken and a variety of ways to make it happen. In this article, you can know how and when these steps should be taken, along with some essential details on how you can expand into different areas if needed.

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Can You Sell Your Invention with a Provisional Patent: Types of Patent Applications

  1. Provisional Patent Application (PPA) – Provisional application is a type of patent application that is usually submitted in order to obtain a patent before the invention has been fully developed. A provisional application does not cover all the aspects of an invention and usually focuses on one or few aspects of the invention. This allows the inventor to obtain their patent without wasting time and money on a tiny part of their invention.
  2. Ordinary or Non-Provisional Application – An ordinary or non-provisional patent application is a type of patent application that qualifies for filing before the date on which a provisional application becomes effective. This allows the applicant to file a Non-Provisional Application, meaning that the Intellectual Property India can examine it.
  3. Convention Application – The convention application is a type of patent application that requests the issuance of a patent without filing specific technical information. It’s common among small companies and startups with limited resources to file for a patent. Because it does not require submitting any information about the technical aspects, this type of patent application will be rejected by the Intellectual Property India if the applicants resubmit it with more precise information.
  4. PCT International Application – The PCT international application is filed by a patent applicant in the International Patent Office. This type of application provides the filing date and serial number in national or regional IPO offices. The application can use national or regional filing deadlines and fees for each country.
  5. PCT National Phase Application- A PCT National Phase application is an application filed in a country other than the one where the patent was first filed. Patent holders must file such an application if they want to broaden their rights to countries outside of their original jurisdiction.

Can You Sell Your Invention with a Provisional Patent: How to Submit Your Provisional Patent Application

If you are interested in filing a provisional patent application, there are a few things you need to know before doing so. Here we will outline the different steps involved in submitting a provisional patent application.


A Step-By-Step Guide to Filing a Provisional Patent:

To file a patent application, one must submit a series of forms and documents, including:

  • Form 1 – This form is used to apply for a patent. After six months of submitting the basic application, Form-1 must be submitted with the inventor’s name and the type of invention and must be duly signed at the end of this form.
  • Form-2: This form will contain provisional specifications. Mention “PROVISIONAL SPECIFICATION” and provide the applicant’s title and name. This form is where you must also describe the invention in detail.
  • Form – 3: A form used for corresponding foreign patent applications
  • Form – 5: Your form-5 is the declaration of your invention
  • Form-26: This form is only required in the event that an application is filed using a patent agent. The applicant must submit this form within six months of filing the application
  • Form-28: This form is to claim your business as a small entity (only if required). Submission of the drawing/illustration/design of the invention (not required in the case of a process). 

When to File a Provisional Patent

When is a provisional patent application appropriate? Provisional patent applications are typically appropriate in situations where you have an innovative invention that you would like to protect but don’t have the time or resources to file a full patent application. There are several reasons why provisional applications may be appropriate: 

  • You have finished or near finishing your invention. 
  • You have completed the necessary background research and development. 
  • You plan to market or sell your invention within three years. 
  • The claimed invention is not novel, has been publicly disclosed, or is obvious to one of ordinary skill in the art.

There are other reasons as well, so if you have an invention that falls within any of these guidelines, it is best to consult with an intellectual property lawyer to determine whether filing a provisional application is the best option for you.

What Are the Benefits of a Provisional Patent Application?

A provisional patent application is a filing technique used by inventors to file for patent protection on an invention they have not yet completed. Still, it considers it meets the requirements for a valid patent. 

Some of the benefits of using a provisional patent application are as follows: 

  • The inventor can get preliminary patent protection for their invention prior to finishing the full patent application process
  • This allows the inventor to market their invention more aggressively since the patent may be deemed more substantial if filed later.
  • Provisional applications are often less expensive to file than a complete patent application.

Selling a Provisional Patent

Many inventors are no longer submitting their inventions for patent protection. Instead, they sell a provisional patent to the company that would like to see the product on the market before the patent is granted. The selling of a provisional patent is essential to take advantage of because it allows the company to use and test the product and determine if it’s worth purchasing a full patent.


Lastly, ensure that your provisional patent application has all the necessary inventive details.

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