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Provisional Patent in India

A provisional patent application is a short-term patent application that is filed with the patent office. To obtain an early filing/priority date, it is advisable to file Provisional Patent Applications. This is justified by the fact that the Patent Law grants priority to first-to-file rather than first-to-invent. In order to easily obtain the key patent filing date, provisional patent applications are helpful.

The provisional patent is expected to be filed on the day of filing because the genuine patent must be submitted before the conclusion of the 12-month period. Additionally, you will still be protected by a patent even if someone else attempts to obtain a comparable patent after your creation. The application process is less difficult, quicker, and more cheap.

When Should One Apply for a Provisional Patent Application?

When an invention is totally definite but will probably need additional modifications that can be made within a year, the patent application can be employed. This presents a great chance to submit a provisional patent application based on the current discovery. In order for the initial invention described in the provisional patent application to be used before it expires and for the non-provisional patent to be submitted with improvements while the provisional patent application is still active, it is critical to complete it within a year.

Important Information to Consider Before Filing a Provisional Patent Application

The following important considerations should be made by applicants before Filing a Provisional Patent

• A patent is a formal, legal document that outlines the invention's boundaries. The following comprehensive specification is taken into account when issuing the patent based on the provisional patent specification
• The filing of the complete patent specification is not regarded as if any new elements are added between the patent specifications. Any new innovation made after the provisional patent specification filing process will not be taken into consideration or be eligible for any of the advantages of the provisional patent application.
• If the whole specification is not submitted within the allotted time frame, the patent will be abandoned. Within a year of the provisional application, the full description of the invention must be presented
• Even after the provisional patent application, confidentiality will be upheld, but it is crucial that significant disclosures be made at the provisional specification stage because incomplete applications will affect the applicant's chances of advancement in later stages
• It is crucial to draft a basic set of claims in order to fully envision the invention and understand its benefits.

Required Documentation for Filing a Provisional Patent

Documents needed for a provisional patent specification include:

• Form 1, Form 2, Form 5
• Form 26 is mandatory if you file it through an agent
• filing fees online
• Form 3 for corresponding declaration and projects concerning foreign patent applications
• Documents for convention applications if the priority date is claimed
• Pictures and schematics for the invention

Steps For Filing a Provisional Patent

Step 1: Complete the Invention Disclosure Statement as the first step

A vital step is submitting a provisional patent application. Securing an appropriate patent application submission date is crucial if you want to stop anyone from stealing your invention. If you are not yet prepared for a full non-provisional patent, you should still file. The phrase ‘patent pending’ can then be used to describe the invention. Filing a provisional patent application is done in order to safeguard an idea while the inventor develops and improves it. Use the following steps to complete the process!

• Describe your responses to the following questions from the IDF
• The problems you're attempting to describe
• Problems and solutions that are already present with these solutions
• Specific technical aspects of your invention
• The technical aspects' functionality
• Any substitutes for the suggested fix

Step 2: Combining your inventions

• An IDF form is examined to look for new technical features
• This stage may require 2-3 iterations to compress the idea for novelty search and description preparation.

Step 3: Locate novelty

• It assists in the identification of fresh, unique technical characteristics
• To determine if any published documents with the same or similar technical features exist, we search for globally available documents.

Step 4: Writing the Patent Specifications

Following confirmation of the invention's uniqueness, we proceed to creating the invention that specifically deals with it. A patent specification establishes the viability of a possible patent application in a technological-legal document.

Step 5: Filling out the Forms

We create each set of necessary forms that must be submitted with the patent specification. This is chosen based on the scenario,

Step 6: Creating a patent application

When everything is ready, we proceed to apply and pay the necessary fees. As a result, the Patent office will disclose the patent application number. If you are looking forward to Filing a Provisional Patent easily, then reach out to Vakilsearch!

What Prerequisites Must Be Satisfied Before Filing a Provisional Patent?

Follow these steps to find out more about the requirements when you apply for a provisional patent:

• A document outlining the invention
• Any required invention illustrations
• the full names of each inventor
• filing charge
• A statement or electronic file
• Application requests a provisional patent
• Name of inventor
• Address of inventor
• The invention's name
• Registration number, and docket number, if relevant, of an attorney or agent and correspondence address.

What Specific Information Does a Provisional Patent in India Include?

• The title of the innovation, design, or procedure
• Temporary specifications (Note: A provisional specification need not include a section on claims.)
• Describe the invention (Note: The description of the invention should not be scarce and limited)
• Subject and purpose of the innovation.

The Document Needed to Submit a Provisional Patent

A provisional patent application must be submitted along with a variety of forms and documents. The Following forms have to be filed while applying for a provisional patent

• Form 1: This form is used to request the issuance of a patent. Before six months of the filing date of the basic application, it must be signed and filed.. Before signing this form, the applicant must complete it with all necessary details, along with the names of the innovator and the nature of the innovation
• Form 2: The parameters on this form are tentative. The applicant's name and position title must be written alongside the phrase ‘provisional patent’ the innovation must also be described in this format
• To submit equivalent international patent applications, use Form-3
• Form 5: The statement of inventorship is presented on this form
• Form-26: A statement of the power of attorney for the patent agent (only needed if a request is lodged through a patent agent). Within six months following the application submission, it must be submitted.
• In case of smaller organisations, Form-28 is required. Submitting the same information regarding the innovation's design, illustration, or sketch should be provided (not required in the case of a process). — E-filing charge

Benefits of A provisional patent in India

The cost of filing, the date of filing, the length of the protection period, and many other variables are taken into consideration when applying for a Provisional patent in India. Consequently, submitting a provisional patent offers the following benefits:

• Cost-effective:The provision for provisional patents is made under the Act to ensure that the investor or innovator is given time to obtain the necessary funds to file for a full patent or engage a patent agent. Filing for a provisional patent is considerably cheaper than doing so for a full patent, in comparison
• Protection for a period of 12 months:starting from the date of the initial filing occurs when a provisional patent application is submitted and granted. This makes sure they can continue to develop their innovation or have time to accomplish whatever they need to before receiving a full patent
• Dates of the patent application:When trying to get a patent, the filing date is crucial. For example, the application with the early filing date is prioritised over the applicant with the later filing date when the two applications are comparable. As a result, the date on which the provisional patent was filed will be used as the filing date when someone possesses a provisional patent and later files for a complete patent
• When attempting to determine the financial viability of their novel design or technique, investors and inventors may utilise the tag ‘Patent Pending’ after receiving a provisional patent
• A provisional patent holder who decides they no longer want to pursue obtaining a full patent may do so without being concerned about the associated costs
• It should be noted that obtaining a provisional patent is an additional service. It is usually preferable to submit for a comprehensive patent if the inventor or investor can in order to prevent potential hurdles.

How to Apply for a Provisional Patent through Vakilsearch?

Every month, we carry out the legal work for more than 1000 businesses and LLPs by utilising our powerful team and our legal specialists. Experience the comfort and ease of boarding! We guarantee a smooth interaction with the officials by taking care of all the paperwork. To help people have reasonable expectations, we provide clarity on the incorporation procedure. You will get the best legal services for filing your provisional patent in India. Reach out to us right now!