Patents assist you in preventing others from commercialising your concept. But what are the different types of patents available? What is a provisional patent application? What is the importance of filing a provisional patent specification? Keep reading to find answers to these questions and more!
You’ve probably heard of patents if you’re an investor or inventor looking to protect your first invention or idea. However, what exactly is the function of a patent? Is it too difficult to obtain, and is there anything else that will perform the same process? Here are some of the reasons why filing provisional patent in India is essential.
Provisional patents function as temporary utility patents, allowing users to protect their best interests. They are easier to obtain approval for and a more affordable and cost-effective option. So, what are the advantages of using provisional patents?
What Are the Different Types of Patents Available?
According to Section 9 of the Indian Patents Act 1970, two kinds of patents may be filed. They are
- Provisional Patent Application
- Complete or Non-Provisional Patent Application
What Is a Provisional Patent Application?
A provisional patent application is an interim application that inventors can file before filing a complete patent. This license is preferred initially as it requires fewer legal formalities.
An inventor only needs to provide a broad description of the invention to obtain approval for a provisional patent application. It serves its purpose before the full patent application is filed, and it assists the inventor in promoting the product, looking for inventors, and continuing to develop the product. While it is not a complete patent, it does have several advantages and benefits that a complete patent does not have. Here are some reasons you should consider filing a provisional patent.
Importance of Filing a Provisional Patent
- Filing a provisional patent in India prevents others from filing patents for similar-sounding or looking inventions. Hence, any copycats of your invention will not get priority over your provisional patent design
- If a dispute occurs over the ownership of an idea or invention, then the Patent Office will favour the provisional patent holder’s design
- The initial cost of filing a provisional patent is much lower than complete patents. Therefore, this is a much more cost-effective and affordable method of registering for patent protection in the initial days of your invention
- It also necessitates far fewer legal documents than required for filing a complete patent application. As a result, filing takes less time, legal advice, and effort. Furthermore, it is aimed primarily toward young inventors and entrepreneurs with limited resources
- Since the provisional patent does not require a lot of significant resources, the application may be filed by the inventors or the entrepreneurs themselves
- A provisional patent gives inventors the time to develop their products without worries. Since the provisional patent is valid for one year, the inventor gets a whole year to look for investors and improve the product
- The 12 months provided after filing can be used to research the product’s impact and analyse how the product will do in the market and its commercial viability. This time can also be used to commercially promote the product and look for suitable vendors and manufacturers
- After the provisional patent application is made, the owner can use the tag ‘Patent Pending. Such a tag helps in protecting the asset from being copied and exploited
- The tag ‘Patent Pending’ also lends a lot of credibility to the product, helping in improving its commercial viability and scope of marketability
- If market research indicates that the product will not be viable, they may choose to abandon the patent and not file a full patent. As a result, a provisional permit reduces the risk associated with abandonment for inventors
- Since the provisional patent application does not require publishing, all data regarding the invention can be kept a secret.
What Information Will a Provisional Patent Contain?
- The invention/design/process’s name/title
- Provisional requirements
(Note: A claims section is not required in a provisional specification.)
- Description of the invention
(Note: The description of the invention should not be scarce or limited.)
- The invention’s field and objective
How to File for a Provisional Patent?
Filing a provisional patent application might sound intricate, but it’s a series of logical steps that you can easily navigate. Here’s a breakdown of what you need to do:
Form-1: Application Initiation: This form marks the beginning of your patent journey. It’s where you provide crucial information like the inventor’s name and the type of invention. Sign it at the end to set the process in motion.
Form-2: Provisional Specifications: In this form, you outline the provisional specifications. Start by clearly writing ‘PROVISIONAL SPECIFICATION,’ followed by the title and applicant’s name. Describe your invention concisely and accurately.
Form-3: Corresponding Foreign Patent Application (if applicable): If you’re seeking international protection, this form comes into play. It’s a bridge that connects your application to foreign patent filings.
Form-5: Declaration of Inventorship: Here, you formally declare the inventors behind the creation. It’s a vital step in establishing the authenticity of your invention.
Form-26: Authorization of Patent Agent (if applicable): If you’re enlisting a patent agent’s expertise, this form is essential. It grants them the power of attorney for your application.
Form-28: Claiming Small Entity Status (if applicable): If your eligibility qualifies you as a small entity, this form helps you claim that status.
Drawing/Illustration/Design of the Invention: Visual representation is key. Submit drawings or illustrations to help authorities understand your invention better.
E-Filing Fee: Pay the prescribed fee for e-filing. This is a standard part of the process, and it’s essential for moving forward.
These forms and documents must be submitted in accordance with The Patent Rules (2003), and you can find them for download on the patent office website.
Benefits of Filing Provisional Patent
Filing a provisional patent isn’t just a procedure; it’s a strategic move with a range of benefits that can profoundly impact your innovation journey:
Cost-Effectiveness: The option of provisional patents underlines inclusivity. It’s designed for innovators who might not have the resources for a complete patent. Filing for a provisional patent is notably less expensive than a full patent application.
Interim Protection: Once your provisional patent filing is approved, you’re granted 12 months of protection from the initial filing date. This gives you a window to refine your invention or make necessary preparations before proceeding with a complete patent.
Priority Through Filing Date: When pursuing a patent, timing matters. If two similar applications arise, the one with the earlier filing date takes precedence. With a provisional patent, your filing date maintains its importance when transitioning to a complete patent.
‘Patent Pending’ Tag: After obtaining a provisional patent, you can flaunt the ‘Patent Pending’ tag. This label adds credibility as you explore the commercial viability of your new creation.
Abandonment Flexibility: If circumstances change and you choose not to proceed with a complete patent, you can opt-out without being burdened by the cost of the entire process.
It’s worth noting that filing a provisional patent is a choice. If you have the means to pursue a full patent application, that’s often the better route to avoid potential challenges.
Things to Know Before Filing a Provisional Patent?
- While a complete patent is an official document file that defines the scope of the invention, the provisional patent lays the foundation for the complete patent
- In case someone files a patent for a similar product, the Patent Office will favour the provisional patent holder’s product
- Filing a provisional patent is more or less an initial step towards a complete patent registration
- If a complete patent registration is not filed within 12 months of the filing of a provisional patent, the patent is considered abandoned
- While filing a provisional patent, one should maintain confidentiality. However, while presenting a complete patent, full disclosure must be done
- To conceptualise and visualise a future design, setting the ground rules for a provisional patent helps significantly
- In case you are in the research and development stage, then filing a provisional patent will help you keep developing the product while looking for investors
- After filing a provisional patent, you can spend time prototyping and building experiments. This results in quantifying and validating a complete patent application
- However, users must understand that filing a provisional patent is an optional step they can choose to forego if they find it unnecessary.
FAQs on Filing Provisional Patent
Once you've filed a provisional patent, the clock starts ticking. You have 12 months to file a complete patent application. During this time, you can refine your invention, conduct market research, and ensure your invention is ready for the final patent submission.
Provisional patent applications are not subject to the same level of examination as complete patent applications. They are typically not approved or rejected by patent authorities. Instead, they serve as a placeholder and provide a priority filing date for your invention.
The time limit for a provisional patent is 12 months from the date of the initial filing. Within this period, you must file a complete patent application to continue the protection of your invention. If you miss this deadline, your provisional patent will expire, and you may lose the benefits it offers. What Happens After a Provisional Patent Is Filed?
How Do I Know If My Provisional Patent Is Approved?
What Is the Time Limit for a Provisional Patent?
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