Provisional Patent

What is a Provisional Patent?

If there is a valuable invention, it is better to patent it as soon as possible and protect it from infringement. A patent is an ideal way to protect ideas. The provisional patent is an application that can be filed to maintain a patent-pending status. This status can only be sustained for 12 months. In that time, one can seek out manufacturers, sell goods or products, and additionally get the necessary prototypes developed for further upcoming applications.

Since the actual patent has to be filed before the end of 12 months, it is treated as having been applied for on the date that the provisional patent was filed. Moreover, if someone is trying a similar patent after your invention, you will still have patent protection. It is faster and more affordable and not as complicated to complete the application.

Benefits of a Provisional Patent

Minimal Information Required

Even if an invention is at a conceptual frame, a provisional patent only requires to specify the title, designate the field of the invention, its nature, and potential use to file a provisional specification.

Established Right Early

The provisional patent permits one to book his/her name against an invention, even before it is final. The patent is granted to the person who files it first, rather than the person who discovers it first.

Assess Market Potential

The provisional specification assists in reaching the market potential and your invention before taking the final plunge and filing a complete specification.

When is a provisional patent used?

The provisional patent can be used when an invention is fully definite, but will likely require further improvements that can be accomplished within a year, this provides a good chance to file a provisional patent application on the existing discovery.

An important thing is that it should be completed within a year so that the non-provisional can be filed with improvements during the pending provisional patent, prior to the subject of the original invention described in the provisional patent can be taken before it is terminated.

Provisional Patent Filing Process in India

Filing a provisional patent application is a crucial one. If you want to prevent others from stealing your invention, it is important to secure an accurate patent application filing date. You should also file if you aren’t yet ready for the full non-provisional patent. You can then use the phrase “patent pending” to explain the invention. A provisional patent application is often filed to protect an idea while the inventor refines and develops the idea.

Step 1: Invention Disclosure Form (IDF) Preparation

Provide answers to the questions stated in the IDF that covers the following:

• The issues that you are trying to explain.
• Solutions and problems that are already available with these solutions.
• Technical features for your invention.
• The functionality of the technical features.
• Any alternatives to the proposed solution.

Step 2: Invention Consolidation

• A filled out IDF form is reviewed to identify new technical features.
• This step may include 2-3 iterations to get the invention consolidated for novelty search and specification preparation.

Step 3: Novelty Search

• It helps you to identify new technical features that are unique.
• We search for worldwide accessible documents to recognize if there is any document published, the same or similar to its technical features.

Step 4: Patent Specification Preparation

• Once the novelty of the invention is verified, we move forward to prepare the patent specification based on it.
• A patent specification is a techno-legal document and it determines the strength of the prospective patent be granted.

Step 5: Forms Preparation

We prepare all the required sets of forms to be filed along with Patent Specification.

Step 6: Filing A Patent Application

Once everything is prepared, we move ahead to apply, along with the requisite fees. Consequently, the patent application number will be shared by the Patent office.

What is a Provisional Patent Application in India?

A provisional patent application is an introductory step, before filing a regular patent, for getting a type of interim protection. An individual can apply for a provisional patent in India without any formal patent claims. This option is created to provide investors with an inexpensive way to temporarily protect their inventions until they decide to pursue a full patent.

A provisional patent application has a time of twelve months. It is from the date of filing after which the inventor has to file a complete specification to take advantage of the filing date of the provisional application.

How to Write a Provisional Patent?

A provisional patent application is fairly simple, but it must include some of the below requirements:

• A written and accurate description of the invention.
• Drawings or painted figures that promote the invention.
• Text that describes the drawings or figures.
• Your name and contact information.
• A provisional application for the patent cover sheet.

A provisional patent application is not legally binding and it does not patent an invention. However, it gives a full year from the filing date to submit forms and payments that need to make the non-provisional patent a reality. Throughout this time, an invention stays in the “patent pending” status.

What is the requirement for the provisional application for a patent?

Follow the below steps to know the requirements of the provisional patent application:

• A written description of the invention.
• Any necessary illustrations of the invention
• The names of all the inventors.
• The filing fee.
• A cover sheet or electronic filing, identifying:
• The application is a provisional patent application.
• Inventor name
• Inventor residence
• Title of the invention
• Correspondence address
• Name and registration number of an attorney or agent and docket number if it is applicable.

How to write a provisional patent application in India?

Here are some simple steps that you should know to write the provisional patent application:

• Review and compare existing patents.
• Download the forms such as Form 1 and Form 2 form the Indian patent office website.
• Fill the relevant details including the title of the invention and name of the applicant and inventors. In Form 2 write ‘Provisional Specification’, title, and the applicant’s name.
• Plan the document before writing anything, making an online and listing all points that need to be covered.
• Use a readable typeface and fonts. Write about the patent that has been invented.
• Divide the application into segments, and then divide those sections into smaller sections if needed.
• Use numerals instead of spelling out numbers.
• Try to simplify any wordy phrases without writing claims, with the complete specification.
• Organize the document’s contents by order of importance and pay the relevant fees.

A strong description for a provisional application patent should always include the following elements in this order:

• Invention title.
• Technical field.
• Prior art and background information.
• Representation of ‘how the invention addresses a problem’.
• List of drawings or figures.
• Detailed description.
• At least one example of the invention’s intended use.

Can The Idea Be Patented?

You can’t patent an idea. It is against the law. Patents can only be granted for things, processes, compositions, machines, manufactured articles, inventions. Abstract ideas or theories cannot be patented.

What Is The Cost Of A Provisional Certificate In India?

The cost of filing a patent in India, for an individual is Rs. 1750 and the request for examination is Rs. 4400 whereas, for online filing it costs Rs. 1600.

FAQs on Provisional Patent

Recent Updates

05-Mar-2020: Facebook Gets India Patent For Invention

Facebook has recently got the India patent for an invention to give universal support to cell phones. It will give a boost to Facebook’s efforts to support a wide variety of mobile phones without compromising on the quality of service. Facebook received the patent from the IPO, Chennai on 3rd March.

02-Mar-2020: IPO To Re-Open Acceptance Of Request Under PPH Pilot Project

According to a public notice issued last week, the Indian Patent Office (IPO) will re-open the line of accepting requests under the Patent Prosecution Highway (PPH) Pilot Program from 9th March onwards. It will accept Form 5-1 of PPH and the requests will be limited to 44.

28-Feb-2020: US Firm Gilead Gets India Patent Amidst Opposition

Gilead, the U.S. Pharma company has got the India patent for Cobicistat, a licensed drug to treat HIV/AIDS. The opposition was filed earlier to grant a patent on a lack of sufficient and clear description of the invention. However, the opposition was rejected by the Delhi IPO.

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