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Frequently Asked Questions to File Provisional Patent

If you need a provisional patent but are unsure whether you should get one, don't worry; we'll clear up all of your concerns in this blog.

What Are Patents?

Patents in India are legal documents that grant inventors exclusive rights to their inventions for a limited period of time. The Indian Patent Act outlines the requirements for becoming eligible for a patent, the kinds of innovations that can be patented, and the process for doing so.

Who Can Apply for a Patent?

Any person or entity that has created an invention can apply for a patent in India. This includes individuals, companies, and even the government.

Is My Invention Eligible for Patent Protection?

To be eligible for patent protection in India, an invention must meet certain criteria. It must be novel, non-obvious, and have industrial applicability. Additionally, certain types of inventions, such as those related to atomic energy, are not eligible for patent protection.

What Patent Protections Are Available in India?

There are two types of patents available in India: provisional patents and standard patents. Provisional patents are temporary and provide a filing date for an invention, while standard patents are granted after a formal examination process and provide full patent protection.

What Is a Provisional Patent Application?

A provisional patent application is a temporary application that provides a filing date for an invention. It allows inventors to establish a priority date for their invention and gives them 12 months to file a complete specification.

What Are Standard Patents?

Standard patents are granted after a formal examination process and provide full patent protection. They are valid for 20 years from the date of filing.

What Are Innovation Patents?

There is no such thing as an innovation patent in India. However, there are provisions for expedited examination of patent applications for startups and small entities.

What Is a Patent Priority Date?

A patent priority date is the date on which an inventor first files a patent application for their invention. This date is important because it establishes the inventor’s priority over other inventors who may file for a similar invention at a later date.

When Can You Use Patent Pending?

In India, inventors can use the term “patent pending” after filing a provisional patent application or a complete specification for a standard patent application.

How Long Does a Standard Patent Application Take?

The time it takes to obtain a standard patent in India can vary widely, but it typically takes between 2-3 years.

How Do I Obtain International Patent Protection?

To obtain international patent protection in India, inventors can file a Patent Cooperation Treaty (PCT) application with WIPO. This allows them to file a single application that is recognized in multiple countries.

How Do You Make Money With Patents?

There are several ways to make money with patents in India, including licensing the patent to others, selling the patent outright, or using the patent to start a business.


How detailed does a provisional patent need to be?

When it comes to the level of detail required for a provisional patent, it is important to provide enough information to support the invention and establish its priority date. While a provisional patent application does not require formal claims, it should include a clear and thorough description of the invention, including its purpose, structure, and functionality.

What is the advantage of filing a provisional patent?

The advantage of filing a provisional patent is that it establishes an early filing date, which can be crucial in securing patent rights. By filing a provisional patent application, inventors can secure their priority date while they continue to work on their invention, make improvements, or develop additional versions of the invention. This provides inventors with peace of mind and allows them more time to refine their invention before filing a non-provisional patent application

Can you file a provisional patent twice?

In India, it is possible to file multiple provisional patent applications. However, within 12 months of filing the first provisional patent application, an inventor must file a non-provisional patent application that claims the priority of each of the provisional patent applications filed.

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