This article briefs us about the filing process for a provisional patent. Read on to learn about what the provisional patent is, what you need to do in order to get one, and how to get started on a provisional patent application.
What is a Provisional Patent And What Does It Entail?
A provisional patent is a legal document that allows someone to protect his/her ideas before filing for a full patent. After applying, the inventor goes through an approval process. To get a patent, you have to prepare a written description of the invention, explain why it is useful or unique, and identify what the invention is made of. The Patent registrar of Intellectual Property Rights of India will then approve your application and send you a notice of allowance which will be valid for one year. You can then file for a regular patent if you are still interested in protecting your idea or you can abandon it if it turns out not to be viable. Ideally, you must file your patent application within one year of disclosing your invention or within the first year of the first offer to sell your invention.
How to File a Provisional Patent
A provisional patent is a generic patent not yet granted, but it can be used as a placeholder for patented inventions. It must be filed with the Intellectual Property Rights of India to remain active during the remaining application process. This is the first step before submitting a fully-fledged application with all necessary paperwork.
Documents Required to File a Provisional Patent
- An application for the grant of the patent – Form 1
- A document with provisional specifications – Form 2
- A document declaring the Inventorship – Form 5
- If an agent is filing on behalf of the inventor, submit Form 26, the power of attorney document
- Pay E-filing patent statutory fees
- Submit corresponding foreign patent application – Form 3
- If the priority date is claimed, submit a priority document
- Submit the necessary proofs or visual assets of the invention.
What Are the Benefits of Filing a Provisional Patent
A provisional patent filing allows a person to protect their invention without the expense or wait time of filing a regular patent. There are three main benefits of filing a patent: protection against infringers, priority over your competitors, and securing foreign priority before you file for a full patent. In order to be granted a full patent, it must be converted into a regular one.
Things You Should Know Before Filing a Provisional Patent
Before filing for a provisional patent, you should know what it entails. It is one that is not considered ‘abandoned’ because the inventor has not yet shown sufficient evidence to support a fully granted utility patent. The time required to complete the process varies based on individual factors.
The Cost of Filing and How Long It Will Take to Get Filed
In order to file a provisional patent, the patent owner must pay a fee. However, this fee often varies depending on how much an individual needs the patent in case they want to make use of it. The cost of filing a provisional patent can be up to ₹ 15,000. The process of filing a patent can take up to 12 months as it involves examining an invention, conducting research, and building a prototype.
The Potential Problems You May Encounter While Going Through the Process
Provisional patent filing is a process that allows inventors to protect their idea for a limited time before submitting it for review, which can take up to one year. It’s important to note that provisional patents are not considered the same as regular patents because they have less legal protection.
Conclusion
The provisional patent process is an important step for many inventors who want to protect their ideas before investing additional time and money into a traditional patent. This process is intended to allow inventors to file an application that protects their concept until they are ready to file a full, regular patent.
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