Provisional Patent

Provisional Patent

A provisional patent application is one that has been filed along with a provisional specification. It is one of the different categories of patent applications that are available in India, along with convention applications and patents of addition. 

A process or a design may be the subject of a patent. There are two categories of patent specifications under the Act.

Patents fall into one of two categories under Section 9 of the Act:

1. Provisional patent specification
2. Complete patent specification

What constitutes a Provisional Patent Application in India?

To establish an early filing date for your innovation, you can submit a provisional patent application in India to the Indian Patent Office (IPO). It gives you priority rights and a 12-month period of time to further develop your idea. It is a more affordable option to gain time and evaluate the commercial potential of your innovation before investing in complete patent protection because, in contrast to a comprehensive application, it requires a less thorough description.

There are several advantages to filing a provisional patent application rather than a complete patent application directly, some of which are as follows:

Quicker filing and preparation

In India, a provisional patent application can be produced and filed more quickly than an equivalent complete patent application. A provisional patent application can be submitted in a few days compared to a complete patent application, which could take a week or longer, since an Indian provisional patent application needs to verify the sufficiency of disclosure and does not need to include parts such as claims, abstract, etc.

Get a later filing date.

It helps to obtain an earlier filing date and provides 12 months to carry out further testing and refine the idea because a provisional patent application for filing in India can be produced and filed more quickly.

More time and less money to raise

As an Indian provisional patent application can be prepared more quickly, you can save a lot of money on upfront drafting expenses. Additionally, prior to spending more money on filing a complete patent application, the 12-month period for filing complete patent applications might be used to investigate the invention's commercial viability or potential for fund raising.

Improved assessment of patentability

Any filed application experiences an 18-month dark zone with regard to the same or comparable ideas, which could destroy the application's patentability, given that most nations follow an 18-month period after which patent applications are published. In India, submitting an application for a provisional patent allows one year to file a full patent application. The same window also assists applicants in determining whether it makes financial sense to file a complete or PCT application by searching recent months for any new prior art that was unavailable when the provisional patent was filed in India.

Talk about it safely with investors.

Given that many investors are reluctant to sign NDAs during talks, you should file a provisional patent application in India as soon as possible to secure the crucial filing date. This will protect your technology even if the investor you speak with decides to invest in your competitors' businesses rather than yours.

Pending patent

It is legal for you to use the 'patent pending' tag in your marketing-related activities after you have submitted an application for a provisional patent in India.

Records needed to file a provisional patent

1. The invention's title
2. The identity, mailing address, and country of each patent applicant.
3. A thorough explanation of the invention and specifics regarding the claims the patent holder wishes to make
4. Technical information on the drawings and invention

How Can I Apply for a Preliminary Patent?

An application for a provisional patent must be filed with a number of papers and documentation.File the following documents to apply for a provisional patent:

1. Form 1: This form is used to request a patent grant. It must be completed and signed within six months of the basic application being filed. This form must be completed, including the applicant's name and the type of invention. The inventor must also sign the form.
2. Form 2: Provisional specifications will be included in this form. You must write "PROVISIONAL SPECIFICATION" along with the applicant's name and title. It would help if you also described the invention in this fashion.
3. Form 3: A form for the relevant foreign patent application (which is only necessary in the event that one exists).
4. Form 5: This is the inventorship statement.
5. Form-26: This document, which is only necessary if an application is being filed through a patent agent, states the power of attorney to authorize the patent agent. Within six months of the application's filing, it must be submitted.
6. Form-28: A minor entity claim form (only if required). - The invention's drawing, illustration, or design must be submitted (but a process does not need to). - Electronic filing charges
7. All of them must be filed in compliance with the 2003 Patent Rules.

What is not permitted to be covered by the Provisional Patent?

Extensive Description: Unlike a complete application, a provisional application does not need a very extensive technical description. Pay more attention to the main idea than to the minute details.

Claims: A provisional application does not need to include claims, which specify the boundaries of your invention's legal protection.

Formal Drawings: At this point, comprehensive technical drawings are optional.

In India, a provisional patent application provides an affordable means of determining an early filing date for your innovation.  A provisional application should clearly state the main idea and usefulness of the invention, even though it doesn't need to contain many technical details. 

An established provisional patent application service can help you finish the filing procedure smoothly. You can submit an updated patent application with additional details after a year. It's the best method to keep your creation's specifics hidden from curious parties. Before the provisional patent expires, you can apply for a non-provisional patent. 

After you apply for provisional patent filing, Lawgical Adda can help you with the necessary patent filing date. With professional help, navigating the challenging procedure is possible.