What is a Provisional Patent?
If there is a valuable invention, it is better to patent it as soon as possible and protect it from infringement. A patent is an ideal way to protect ideas. The provisional patent is an application that can be filed to maintain a patent-pending status. This status can only be sustained for 12 months. In that time, one can seek out manufacturers, sell goods or products, and additionally get the necessary prototypes developed for further upcoming applications.
Since the actual patent has to be filed before the end of 12 months, it is treated as having been applied for on the date that the provisional patent was filed. Moreover, if someone is trying a similar patent after your invention, you will still have patent protection. It is faster and more affordable and not as complicated to complete the application.
Benefits of a Provisional Patent
Minimal Information Required
Even if an invention is at a conceptual frame, a provisional patent only requires to specify the title, designate the field of the invention, its nature, and potential use to file a provisional specification.
Established Right Early
The provisional patent permits one to book his/her name against an invention, even before it is final. The patent is granted to the person who files it first, rather than the person who discovers it first.
Assess Market Potential
The provisional specification assists in reaching the market potential and your invention before taking the final plunge and filing a complete specification.
When is a provisional patent used?
The provisional patent can be used when an invention is fully definite, but will likely require further improvements that can be accomplished within a year, this provides a good chance to file a provisional patent application on the existing discovery.
An important thing is that it should be completed within a year so that the non-provisional can be filed with improvements during the pending provisional patent, prior to the subject of the original invention described in the provisional patent can be taken before it is terminated.
Provisional Patent Filing Process in India
Filing a provisional patent application is a crucial one. If you want to prevent others from stealing your invention, it is important to secure an accurate patent application filing date. You should also file if you aren’t yet ready for the full non-provisional patent. You can then use the phrase “patent pending” to explain the invention. A provisional patent application is often filed to protect an idea while the inventor refines and develops the idea.
Step 1: Invention Disclosure Form (IDF) Preparation
Provide answers to the questions stated in the IDF that covers the following:
- The issues that you are trying to explain.
- Solutions and problems that are already available with these solutions.
- Technical features for your invention.
- The functionality of the technical features.
- Any alternatives to the proposed solution.
Step 2: Invention Consolidation
- A filled out IDF form is reviewed to identify new technical features.
- This step may include 2-3 iterations to get the invention consolidated for novelty search and specification preparation.
Step 3: Novelty Search
- It helps you to identify new technical features that are unique.
- We search for worldwide accessible documents to recognize if there is any document published, the same or similar to its technical features.
Step 4: Patent Specification Preparation
- Once the novelty of the invention is verified, we move forward to prepare the patent specification based on it.
- A patent specification is a techno-legal document and it determines the strength of the prospective patent be granted.
Step 5: Forms Preparation
We prepare all the required sets of forms to be filed along with Patent Specification.
- Step 6: Filing A Patent Application
Once everything is prepared, we move ahead to apply, along with the requisite fees. Consequently, the patent application number will be shared by the Patent office.
What is a Provisional Patent Application in India?
A provisional patent application is an introductory step, before filing a regular patent, for getting a type of interim protection. An individual can apply for a provisional patent in India without any formal patent claims. This option is created to provide investors with an inexpensive way to temporarily protect their inventions until they decide to pursue a full patent.
A provisional patent application has a time of twelve months. It is from the date of filing after which the inventor has to file a complete specification to take advantage of the filing date of the provisional application.
How to Write a Provisional Patent?
A provisional patent application is fairly simple, but it must include some of the below requirements:
- A written and accurate description of the invention.
- Drawings or painted figures that promote the invention.
- Text that describes the drawings or figures.
- Your name and contact information.
- A provisional application for the patent cover sheet.
A provisional patent application is not legally binding and it does not patent an invention. However, it gives a full year from the filing date to submit forms and payments that need to make the non-provisional patent a reality. Throughout this time, an invention stays in the “patent pending” status.
Documents required for Provisional Patent
In India, Provisional Patent cannot be done without proper identity and address proof. These documents will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.
Identity And Address Proof
- Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
- Scanned copy of Voter’s ID/Passport/Driver’s License
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
Registered Office Proof
For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of Notarized rental agreement in English
- Scanned copy of No-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
Note: Your registered office need not be a commercial space; it can be your residence too.
