The world of intellectual property can be very confusing to the ordinary individual. This has given rise to some myths, which this article will help you clear up.
Common Myths About Provisional Patent: Provisional patent applications are probably something you’ve heard of. But do you really know what a provisional patent application is and what advantages it offers and does not offer to your business? This is how many companies lose a lot of money when they handle provisional patent applications improperly.In this blog, we will discuss some common myths of provisional application and also the process of filling an online provisional patent application.
Common Myths about Provisional Patent Application
There are 7 myths underlying the common misuse of provisional patent applications:
1. Just a “Quick and Dirty” Provisional Patent Application Will Do
Many people think that by filing an application, they can get protection for their invention.
They believe it will be done with a short description of their invention.
A provisional is usually not worth the (virtual) paper it is written on, which is unfortunate.
Your “quick and dirty” application may be denied by a patent examiner or denied in court if it doesn’t fit this requirement. You won’t have any patent protection as a result.
At Vakilsearch, we write detailed applications to safeguard our clients. and also to prevent them from falling for this myth.
2. You Can Apply for A “Provisional Patent”
The term “provisional patent” does not exist. A “nonprovisional” patent application can be submitted as a “provisional patent application. which essentially buys you one year to do so. The misconception is that submitting a provisional patent application completes your task, or even that doing so grants you patent protection. Nothing is more false than it is. Within a year submitting a provisional patent application, You must submit a nonprovisional patent application to even have a chance of being granted a patent.Vakilsearch closely consults with its clients to decide whether and when to submit applications. In some situations submitting a provisional patent application may be a helpful initial step.
3. Provisional Applications Cost Less than Non Provisional Applications
The myths discussed here are related, and it is possible to make many errors in judgment by being unclear about how provisional operates.People just assume sometimes are even encouraged to believe that they can save money by filing a provisional application. Because they believe that all they need is a provisional application or that a provisional patent application can just provide a brief summary of the invention. Although filing a provisional patent application will reduce your initial patent filing costs, It is usually more expensive overall to file a provisional patent application first and a nonprovisional a year later. it’s a myth provisional patent applications are less expensive than non provisional patent applications. This does not imply, however, that provisional patent applications should be avoided.At Vakilsearch, we don’t mislead our clients into thinking that filing provisional is a simple method to save money. We work closely with our clients.We help clients strategically use provisional patent applications in light of their objectives. We are also open and honest with our clients about the advantages and disadvantages of provisional applications.
4. Provisional Applications Must Be Filed First
Many individuals believe that a nonprovisional must be filed before a provisional application. That is a myth. Although a nonprovisional application must be filed after a provisional application is filed, There are many situations where it makes more sense to file a nonprovisional application right away. This approach has the advantage of removing the cost of the provisional patent application and expediting the examination of your patent application by the Patent Office.
5. Filing a patent application is arduous
Many times, inventors believe that the process of filing a patent application is really difficult. But, if the inventor is familiar with the procedure, Submitting a patent is highly methodical and comfortable. Nowadays, patent application methods are easily accessible online. When creating patent claims or performing a patent search, it is advised to consult with patent specialists.
6. Provisional patents are quick alternatives to patents
Provisional patents are frequently thought of as a substitute for patents. Provisional patents are technically nonexistent. It would be more accurate to say provisional patent applications. When investors are in a rush to disclose the invention and are out of time to work on the full patent application,Inventors use this provision . It is enough for the patent applicant to give a description of the invention along with some specifications and claims.These applications give the patents an earlier filing date and are only valid for a year. But, patent offices won’t issue patents based solely on provisional patent applications.To proceed with the issuance of the patent, they need a complete patent application.
7. Enabling Disclosure in Provisional Applications
Another thing to keep in mind is that enabling disclosure is still required for provisional applications. That is to say, they must fully explain the invention they are securing and must meet the same standards as non-provisional. In fact, this is a crucial necessity in every jurisdiction. For example, according to section 27(3) of the Canadian Patent Act one must fully define the invention. Also, its function or use as envisioned by the inventor. A provisional application that merely states an idea without explaining how to put it into practice could face issues later in life, Possibly even during the formalization stage. Also, patent examiners may assign later claim dates to ideas that were not included in provisional but were added during its formalization. That’s why it is advisable to make sure that the provisional application accurately describes the invention. These are the common myths about provisional patents.
How To Apply For A Patent Application Online
You can file an online provisional patent application with the help of Vakilsearch. To fill application this process will be followed
Details: Initially You must submit all necessary documentation when applying for a design patent.
Drafting: Our licensed patent agents will handle your request and prepare the design registration application.
Filing: In the event that the created document is accepted by the registrar, you will be permitted to use the phrase “patent pending” whenever you want throughout the following year on your goods. On our nifty web portal, you can likewise sometimes check the status of your patent application.
It might be difficult to distinguish facts from myths. To avoid relying on false information, businesses should understand what patents are. Extreme situations could result in a business losing money if its employees blindly believe in such beliefs.
For more clarity you can contact Vakilsearch, as our expert team can help you in filling an online provisional patent application . Any company or individual who is interested in protecting their patent should seek legal advice from knowledgeable legal professionals like those at our firm. You can file a patent in the simplest possible way with the help of Vakilsearch.