What is a Provisional Patent? - An Overview

A provisional patent application is a preliminary filing that informs the authorities about an innovation and its ownership. It provides protection to the invention and the applicant for a limited period. Filing a provisional patent application online allows for an early filing or priority date, which is beneficial for several reasons. Swift Patent Filing Date: By filing a provisional patent application, the applicant can quickly obtain a filing date, which establishes priority for the invention. Time for Improvements: Filing a provisional patent application is advantageous when the invention is certain but may require further improvements within a year. It provides an opportunity to secure the invention's initial version while allowing time for enhancements before filing a non-provisional patent application. Protection against Opposition: Once a provisional patent application is filed, the applicant is protected even if another party submits an identical patent application later. The applicant's priority date ensures their rights to the invention. Important Considerations for Filing a Provisional Patent Application Online Before filing a provisional patent application, it is important to keep the following factors in mind: Patent Specification: The invention's limitations and details should be accurately described in the patent specification. Any new parts cannot be added between the provisional and non-provisional patent specifications. Effect on Later Innovations: Filing a provisional patent application online can nullify the effect of any new improvements made after the initial filing date. These improvements may not be considered or granted legal support unless included in the subsequent non-provisional patent application. Timely Submission: Failure to file the non-provisional patent application within the specified timeframe (usually within 12 months) will result in the abandonment of the provisional patent. The complete patent application should be submitted within the given time frame to maintain the rights and priority established by the provisional application. Comprehensive Description: A detailed description of the invention must be included in the non-provisional patent application within a year of filing the provisional application. Failure to provide a complete specification may result in the abandonment of the patent. Confidentiality: While confidentiality is maintained even after filing a provisional patent application, important disclosures should be made during the provisional specification stage. Incomplete applications may negatively impact the chances of moving forward in subsequent stages. Foundational Claims: To properly define the invention and its advantages, a foundational set of claims should be written, outlining the scope of protection sought for the invention.

Documents Required to Register Copyright

✔ Form 1 ( Application for grant of patent)

✔ Form 2 (Provisional Specifications)

✔ Form 5 ( Declaration of Inventorship)

✔ If your patent is filed by a Patent Agent then this form is necessary.

✔ E-filing fees (Patent Statutory fee)

✔ Form 3 (Corresponding foreign patent application statement and undertakings)

✔ Priority Document ( This is used for convention applications if the priority date is claimed).

✔ Illustrations/Drawings of the invention.

Advantages of filing Provisional Patent

✔ Legal Protection

✔ Global Patent Protection

✔ 20-year validity

✔ Competitive Edge

✔ Creation of Asset

Provisional Patent Specification

The Provisional Specification is generally clarified under two topics, i.e. ‘Title’ which should decently catch features of the invention and will be short and to the purpose. Further Description begins with the Preamble and contains the sector and object of the invention.

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FAQ For Provisional Patent Application