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Provisional Patent

Provisional Patent

A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development and further patent operations. One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage.

The average time taken to file a provisional patent application is about 15 – 20 working days, subject to government processing time and client document submission. Get a free consultation on provisional patent application filing by scheduling an appointment with an IndiaFilings Advisor.

Advantages of FIling Provisional Patent
  • Legal Protection
  • Global Patent Protection
  • 20 year validity
  • Competitive Edge
  • Creation of Asset
Documents Required to Register Copyright
  • Form 1 ( Application for grant of patent)
  • Form 2 (Provisional Specifications)
  • Form 5 ( Declaration of Inventorship)
  • Form 26 (Power of Attorney). 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 priority date is claimed).
  • Illustrations/Drawings of the invention.
Components of Provisional Patent Specification

The Provisional Specification is broadly explained under two topics, i.e. ‘Title’ which should fairly capture features of the invention and should be short and to the point. Further ‘Description’ which begins with the Preamble and contains the field and object of invention

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Frequently Asked Questions

A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development and further patent operations.

A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application.

A provisional patent application is unlike a non-provisional application since it will never be examined, but is used to establish a priority date. The provisional application is designed to buy the inventor more time to decide if he wants to pursue a non-provisional patent application, which requires more work and is typically more expensive. Basically, a provisional patent application is a simple description of an idea along with any applicable drawings. A non-provisional patent application requires a few more components than the provisional patent application. It requires a set of claims, a description of the invention, any applicable drawings of the invention, an abstract, a filing fee, and an oath or declaration.

Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention. Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.

Indian Patent Law follows first to file system. Provisional specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application. If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned
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