Establishes Priority Rights
Filing a provisional patent enables the applicant to secure a priority date for his patent and thus refraining any other individual from filing such a similar patent.
Tags: provisional, patent, intellectual, property
The patent is an exclusive legal right of the patentee that grants him the legal authority to prohibit others from making or using a patented invention. A provisional application is a brief synopsis disclosing the essence and the nature of the invention. It is the preliminary application that can be filed before filing the complete specification. It explains the patent in brief but not completely. Filing a provisional patent is very useful for inventors as it locks the priority date and secures the invention so that no one else can claim authority over it.
Filing a provisional patent enables the applicant to secure a priority date for his patent and thus refraining any other individual from filing such a similar patent.
A provisional patent gives the inventor time to work on the invention and brush up on its utility, novelty, and the inventive factor until it is finalized as per the established standards. A period of 12 months is given to file the final patent draft called a complete specification.
Filing a provisional application is a simpler and affordable step for initial patent protection. The inventor gets 12 months’ time before filing the complete specification which is referred to as complete patent in the common parlance. This period gives the applicant enough time to contemplate whether the invention has enough potential to be patented and gauge its feasibility. Changing the decision within these 12 months does not attract any charges/penalties and the applicant can cautiously decide if the investment is worth it. Also in that case, it will also not get published and will not come in the public domain.
The patent is a great asset and can extract way bigger monetary benefits than any other intellectual property if managed intelligently. The owner can license, assign, or sell its patent whenever needed. Many pharmaceutical companies have made great profits through their patented products through licensing, assigning, etc.
Title of the invention
Name, address and nationality of each applicant for the patent.
Detailed description of the invention and details about what the patentee wants to claim out of the invention
Technical details about the invention and drawings
Why should one patent the invention?
What all information is needed while consulting a patent attorney?
Can a published or disclosed invention be patented?
Is there any length restriction or limitation while drafting the provisional patent application ?
Are there any government fees included by TaxClue.co.in in the Package ?
What are the criteria of patentability?
An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Usefulness/ Industrial utility – it should not be a mere prototype, it should be working and has to have some use.
How long is the provisional patent valid for?
What is a difference between a provisional patent and permanent patent?
Why should I apply for a provisional patent?
Is the patent valid outside India?
What is the term of a patent?
How does a patent expire?
1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.