You want to take a patent for an invention but don't know the difference between Non-Provisional and Provisional patent application. Read on to know more about it!
A patent is a legal right granted to an inventor who has invented something new and useful. The patent gives the owner of the invention exclusive rights for a limited period of time in relation to that invention. This means that other people cannot use or sell their inventions without permission from the patent holder. Learn more about the differences between the Provisional and Non-Provisional Patent.
There are two types of patent applications:
- Provisional Patent Application
- Non- Provisional Patent Application
If you don’t know about them, worry not. In this article, we will talk about their meaning and the differences between these two patents.
What is a Patent?
A patent is a legal document issued by a sovereign authority to an inventor giving exclusive rights to sell, manufacture and utilize the invention for a certain period of time. Patents can also be registered for a new version of a previous invention. Patent plays a crucial role in encouraging inventors to advance science and technology. Patent laws are parts of intellectual property right law which also consist of trademarks and copyright.
Patents can only be used inside a country, one can not have an international patent. You must obtain a permanent patent for each country where you want exclusivity.
Why is a Patent Important?
Having a patent can be great for a business by increasing the confidence of investors and stakeholders in a company. It can be of great value for small & medium businesses to attract investors. It can give an upper edge in a competitive market. Some important benefits of patent protection are:
- If you get a Patent, it means that you are the owner of your invention, exclusively.
- A patent is a great tool for creating positive cash flow. It makes the brand look more authentic and increases its value. Brand perception plays an important role in sales and profit, and a patent helps with that.
- One can allow other parties to use patents for royalties. If your invention is in demand and valuable, you will find many businesses, organizations or even individuals who would be ready to invest to use your patented invention.
- One can even sell their patent for a huge amount of money. If you wish you can sell your patent to someone ready to pay as per your terms. This can make a huge amount of money.
- A patent gives you a commercial right over things which are important for gaining commercial value. If you have a Patent over your invention or discovery, you can stop others from using it without your permission.
- The patent helps in business and employment growth. The Patent improves the image of the brand which leads to the growth of the business.
If you are planning to get a patent, you should take help from professionals. Your application will be assessed by a team of experts and they will make sure that it is accepted and you get the patent. Taking advice from professionals will make the entire processor Hassle free and easy for you to understand. If you have any queries or questions feel free to contact Vakilsearch.
Types of Patents
To know the difference between Provisional and Non-Provisional Patent, learn about the patents. Patents are categorized into two types based on their functionality. These are:
Provisional Patent Application
A provisional patent is granted to the applicant who has filed an application for a patent in India. The provisional patent provides protection to the invention until it gets approved by the Patent Office. It is a temporary measure taken by the Indian Patent office as they are not sure about granting or rejecting your application.
This means that you can file a provisional patent application and get protected from other companies before your application gets rejected. You will have to pay filing fees which are different from regular ones. Provisional patents expire after 12 months of filing, but there are provisions under which you can extend this period up to 3 years.
Non-provisional patent application
The non-provisional patent application (NPA) is the first step in obtaining a provisional patent. It provides an applicant with information about their invention and it gives them time to file for a full patent if they choose to do so. A non-provisional patent application must be filed within one year of the date on which the inventor first invents or discovers the subject matter claimed in the application.
This type of patent application is more complicated and lengthy. There are many rules and regulations that need to be followed before filing the draft. These types of applications are reviewed by a patent officer.
Differences between a Provisional and non-provisional patent
Here are some basic differences between Provisional and Non-provisional patents.
- A provisional patent can be called a temporary patent application which has an expiry of one year. These types of patents are not examined by any patent officer. Whereas non-provisional patents are valid for many years.
- A provisional patent gives the inventor time to dig deeper into the invention and analyze its profitability of the invention. A non-provisional patent is a final patent, and no changes can be made to it after the patent has been approved.
- A provisional patent application can be crucial for small businesses and start-ups since it gives the “patent pending” status which can be beneficial to lure investors. A provisional patent can give you one extra year of patent supposing one gets the non-provisional patent for 20 years
- There is one downside of a provisional patent if someone files a “provisional patent application” for an Inventions and after sometimes someone else files a “non-provisional application”, the latter one would be given priority despite being the one who filed the application late.
Conclusion
Thus, you might have got to know about the differences between the Provisional and Non-Provisional Patent. A patent provides legal protection for an invention or discovery. It gives certain rights to the patent owner and they can even sell their invention if they want to. The process of getting a patent can be confusing sometimes.
If you want to get a Patent, but don’t know where to start, Vakilsearch is the right place for you. You can contact us and get 100% assistance and guidance from a team of experts. They will help you step by step and make sure you understand the entire process of a patent application.
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