Provisional Patent

Many inventors/businesses wish to patent their inventions even before they are finalised.

  • Examine Details

    We will examine all the possible details, including potential uses of the invention across industries and likely benefits over existing products.

  • Drafting of Application

    A professional, our affiliate, will take up your request and draft the application based on the details you send in.

  • Filing of Application

    The drafted document will be filed with the Registrar and, on acceptance, you would be able to use 'Patent Pending' on your product any time over the next year.

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What is a Provisional Patent?


As a patent can be so crucial in maintaining a business advantage, many inventors/businesses wish to patent their inventions even before they are finalised. This is possible through a provisional patent, which helps the inventor establish earliest ownership over the invention on submission of the provisional specifications of the product or process. As India follows the first-to-file system, this would ensure that the holder of the provisional patent would also be granted the permanent patent. The documents for the permanent patent would, however, have to be filed within 12 months or else the application would be abandoned entirely.

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FAQs on Provisional Patent


  • 1. What can be patented?
    A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.
  • 2. When does a patent expire?
    20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
  • 3. What information do I need to provide?
    The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.
  • 4. What is expected from the patentee as an obligation?
    A patentee must disclose the invension in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.
  • 5. Is there a worldwide patent?
    It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

Advantages of Provisional Patent


Minimal Information Needed

Even if your invention is at a conceptual stage, all you need is to specify the title, indicate the field of your invention, its nature and potential uses to file a provisional specification.

Established Right Early

The provisional patent enables you to book your name against your invention even before it is final. The patent is awarded to the person who files it first, rather than the person who invents it first.

Assess Market Potential

The provisional specification helps you can assess the market potential of your invention before taking the final plunge and filing a complete specification.

Provisional Patent Process


1 Working Day

You would need to send in all the possible details, including potential uses of the invention across industries and likely benefits over existing products.

7 Working Days

A patent attorney affiliated with us will take up your request and draft the application based on the details you send in.

2 Working Days

The drafted document will be filed with the Registrar and, on acceptance, you would be able to use 'Patent Pending' on your product any time over the next year.

Types of Intellectual Property


Provisional Patent Copyright Trademark Patent
Applies To
Inventions & ideas Photographs, movies, music, software code Words, logos, slogans Inventions & ideas
Applicants
Inventors & designers Artists & creative professionals Business owners Inventors & designers
Ownership Without Registration
No Yes, but rights are limited Yes, but rights are limited No
Validity
1 year Lifetime of the author, plus 60 years Indefinite, but to be renewed every 10 years 20 years
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Why Vakilsearch


10 Working Days

A provisional patent is a temporary arrangement until you can complete your invention. Over the 10 working days, we'll examine the details you send in, have a patent attorney prepare an application and then file it.

9.1 Customer Score

We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.

160 Strong Team

Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.