Provisional Patent

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WHAT IS A PROVISIONAL PATENT?

For protecting valuable inventions from infringement it is better to patent them as soon as possible. To protect ideas a patent is an ideal way. To maintain patent-pending status the provisional patent application can be filed. It can be sustained only for 12 months. For further upcoming applications sell goods or products, one can seek out manufacturers and additionally get the necessary prototypes developed, in that time.

Before the end of 12 months, an actual patent has to be filed, from the date of provisional patent was filed it is treated as having been applied for on that date. You have patent protection after your invention even if someone trying a similar patent. It is not complicated to

BENEFITS OF A PROVISIONAL PATENT

MinimalInformation Required

The provisional patent requires only to specify the title, its nature, designate the invention field, and file a provisional specification potential use.

Established Right Early

The patent is granted to such a person who files it first not the person who discovers it first. Even the invention is final provisional patent permits to book name against an invention.

Assess Market Potential

Before taking the final plunge and filing a complete specification your invention and the provisional specification assists in reaching the market potential

WHEN IS A PROVISIONAL PATENT USED?

When the invention is definite the provisional patent can be used, further improvement can be accomplished within a year it's likely to require. On existing discovery, this provides a good chance to file a provisional patent application

During the pending provisional patent the non-provisional can be filed with improvements, an important thing is that it should be completed within a year. The provisional patent can be taken before it is terminated, prior to the subject of the original invention Described.

PROVISIONAL PATENT FILING PROCESS IN INDIA

An application of filing a provisional patent is a crucial one. The patent application filing date is important to secure an accurate patent if want to prevent others from stealing your invention or discovery. If you should not ready to file a non-provisional patent then also file it. Then to explain the invention you can use the phrase “patent pending”. While the inventor refines and develops the idea a provisional patent application is often filed to protect an idea

Step 1: Invention Disclosure Form (IDF) Preparation

What issues that you want to explain.

Already available solutions and problems with these solutions.

For your invention technical Features.

Technical features functionality.

For proposed solution any alternative.

Step 2: Invention Consolidation

To identify the new technical features filled-out IDF form is reviewed.

To get the invention consolidated for specification preparation and novelty search this step may include 2-3 iterations.

Step 3: Novelty Search

To identify new technical features that are unique it helps you.

There is any document published, similar to its technical features to recognize we search for worldwide accessible documents.

Step 4: Patent Specification Preparation

We forward to prepare the patent specification based on the novelty of the invention is verified.

A patent specification determines the strength of the prospective patent to be granted and it is a techno-legal document.

Step 5: Forms Preparation

With patent specification we prepare all required sets of forms to be filed.

Step 6: Filing A Patent Application

We apply for a Patent application along with the requisite fees and the patent office shared patent application number.

WHAT IS A PROVISIONAL PATENT APPLICATION IN INDIA?

For getting interim protection before filing a regular patent, a provisional patent application is an introductory step. In India Without any formal patent claims an individual can apply for a provisional patent. This is an inexpensive way to temporarily protect the inventions of investors until they decide to pursue a full patent.

It takes time of twelve months from the date of filing a provisional patent application. to take advantage of the filing date of the provisional application the inventor has to file a complete specification.

HOW TO WRITE A PROVISIONAL PATENT?

Accurate description of the invention and in writing.

It can promote the invention such drawings or painted figures.

Drawing and figures describing by text.

Your Name and information for contact required.

The patent cover sheet for provisional application.

A provisional patent application does not patent an invention and it is not legally binding. It gives one year from the date to submit forms and payment this time an invention stays in “patent pending” status, which needs to make the non-provisional patent a reality.

WHAT IS THE REQUIREMENT FOR THE PROVISIONAL APPLICATION FOR A PATENT?

Requirements of the provisional patent application:

The description of the invention is written.

Illustration of the invention which is necessary.

All Inventors name.

Fees for filing purposes.

Identify an electronic filing or cover sheet.

It’s a Provisional patent application.

Name of Inventor.

Residence of inventor

Invention Title.

Address for correspondence.

Docket number if it is applicable.

Name and registration number of an agent or attorney.

HOW TO WRITE A PROVISIONAL PATENT APPLICATION IN INDIA?

Provisional patent application:

First review and compare with existing patents.

Form India patent office website downloads the forms such as Form 1 and Form 2.

Fill in the details including the name of the applicant and investors and the title of the invention or discovery.

Then In FORM 2 write the title, the applicant’s name, and ‘provisional specification’.

The points that need to be covered are listing and Making an online and before writing anything plan the documents.

Write about an invented patent.

Use readable fonts and typeface.

If needed, divide the application into segments and then into smaller sections.

Instead of spelling outnumber use numerals.

With complete specification. Try to simplify phrases without claims writing.

Organize documents and pay the relevant fees.

For provisional patent application always include elements in this order

Title of invention

The technical Field of invention

Background information and prior art.

‘How the invention or discovery addresses a problem’ represents it.

Drawings and figures list.

Description in detail.

At least one illustration or example of the intended use of inventions.

Can your idea be patented?

You cannot patent abstract ideas or theories, it is against law. Patent grant only for inventions, manufactured articles, machines, compositions, processes, things etc.

What Is The Cost Of A Provisional Certificate In India?

The cost for online filing is Rs. 1600.

The cost of filing is RS. 1750 for an individual and for examination request is Rs. 4400.

DOCUMENTS REQUIRED TO FILE A PROVISIONAL PATENT SPECIFICATION

Fill in the details including the name of the applicant and investors and the title of the invention or discovery.

Then In FORM 2 write the title, the applicant’s name, and ‘provisional specification’.

Declaration of investor ship in FORM 5

If you are registering through a patent agency then FORM 26, its functions as a Power of Attorney.

As per law E-filing Fees

For foreign applicants FORM 3.

For claiming priority date priority documents.

If deemed necessary then illustration or drawings.

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