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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.
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Provisional Patent
Provisional Patent
Provisional Patent is filed to secure the filing date when your invention is under process. It is filled with a detailed description of the invention and drawings to help explain the invention. This is filed prior to filing complete specification.Tags: provisional, patent, intellectual, property
What is a Provisional Patent Application?
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.
Benefits of filing a provisional patent application
Establishes Priority Rights
Buys Time to make required changes
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.
Gauge the Worth of Invention
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.
Monetary Returns
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.
Documents required for provisional patent filing
Title
Title of the invention
Applicants Information
Name, address and nationality of each applicant for the patent.
Description of the Invention
Detailed description of the invention and details about what the patentee wants to claim out of the invention
Technical aspects of the invention
Technical details about the invention and drawings
Provisional Patent
Why should one patent the invention?
The patent filing is important to get exclusive rights over it. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies, the inventor must obtain a patent
What all information is needed while consulting a patent attorney?
History of the invention, possible prototypes, all the minor details about the invention. This is to make the inventive steps stated clearly and help them draft better claims for the patent. The draft should also include the most useful aspect about the invention with the technical drawings, illustrating the functionality of the invention. And whether it is a developed or improved version of an already existing patent.
Can a published or disclosed invention be patented?
No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application.
Is there any length restriction or limitation while drafting the provisional patent application ?
As such there are no restrictions, however, there are stipulated additional fees, if the (provisional) application draft exceeds 30 pages
Are there any government fees included by TaxClue.co.in in the Package ?
No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.
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?
A provisional patent is valid for one year from the date of filing. If the complete specification is not filed within that one year then the application gets abandoned.
What is a difference between a provisional patent and permanent patent?
A provisional patent is a temporary patent which is applied when the invention is not finalized and is still in the experimental phase. Application for the permanent patent is made when the invention is finalized and ready to be patented for 20 years.
Why should I apply for a provisional patent?
The provisional patent enables you to register your name against the invention even before it is finalized. The patent is awarded to the person who files it first rather than the person who invents at the first place. A provisional patent can be filed even when the invention is just at a conceptual stage.
Is the patent valid outside India?
A patent filed and registered in India is valid only in India. To register a patent in other countries, a separate patent application should be filed with the respective countries or through PCT. No patent is global.
What is the term of a patent?
In India, the term of a patent is for 20 years from the date of application.
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.
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