PROVISIONAL PATENT APPLICATION

Many investors/businesses can use a provisional patent application to protect an invention even before it is finalized.

To avail our services, we charge 499/- as an advance or security payment.

Provisional Patent

HOW DOES PROVISIONAL PATENT WORKS?

Step 1

We will consider all the possible details, including possible uses of the invention across industries and potential advantages over existing products.

Step 2

Our professional will take up your request and draft the application based on the details you send in.

Step 3

The drafted document will be listed with the Registrar, and, on approval, you would be ready to accept ‘Patent Pending’ on your product any time over the next year.

WHAT IS A PROVISIONAL PATENT IN INDIA?

If there is a relevant invention, it is better to patent it as soon as feasible and protect it from violation. A patent is an ideal way to preserve opinions. The provisional patent in India is an appeal that can register to maintain a patent-pending status. It can only provide this situation for 12 months. In that time, one can try out manufacturers, products, sell goods, and get the required prototypes developed for additional upcoming applications.

As the actual patent must be registered before the end of 12 months, it is handled as having been applied to the date that the provisional patent was registered. Further, if someone is seeking a related patent after your invention, you will still have patent protection. It is more durable and affordable and not involved in completing the application.

ADVANTAGES OF A PROVISIONAL PATENT

Minimum Information Required
Suppose a design is at a conceptual structure. In that case, a provisional patent only needs to specify the title, assign the field of the invention, its nature, and possible use to file a provisional specification.

Established Right Early
The provisional patent authorizes one to book his/her name upon an invention, even before it is final. The patent is invested in the person who files it first rather than the person who discovers it first.

Assess Market Potential
The provisional specification helps reach the market potential and your invention before taking the final plunge and filing an entire specification.

WHEN IS A PROVISIONAL PATENT APPLIED?

The provisional patent can be applied when an invention is uniquely limited but will likely require more improvements within a year; this provides an excellent chance to register a provisional patent on the existing discovery.
The important thing is that it should be achieved within a year so that the non-provisional can be listed with improvements during the pending provisional patent before the subject of the first invention defined in the provisional patent can be applied before it is terminated.

PROVISIONAL PATENT REGISTERING PROCESS IN INDIA

Registering a provisional patent is a critical one. If you want to restrict others from stealing your invention, it is necessary to secure an official patent application filing date. You should also register if you aren’t ready for the complete non-provisional patent. Then you can use the phrase “patent pending” to represent the invention. A provisional patent is usually registered to protect an idea while the inventor improves and develops it.

Step 1 : (Invention Declaration Form) IDF  Preparation
Provide solutions to the questions declared in the Invention Declaration Form (IDF) that includes the following:
    • The issues that you are attempting to explain.
    • Clarifications and problems that are already prepared with these solutions.
    • Technical articles for your invention.
    • The functionality of the technical characteristics.
    • Any choices to the proposed solution.

Step 2 : Invention Federation
    • A filled-out IDF form is analysed to identify new technical characteristics.
    • This step may introduce 2-3 repetitions to get the invention incorporated for novelty search and blueprint preparation.

Step 3 : Innovation Search
    • It assists you in identifying new technical characteristics that are unique.
    • We search for available worldwide documents to recognize any document published, identical to its technical features.

Step 4 : Patent Blueprint Preparation
    • Once the invention’s innovation is confirmed, we move forward to prepare the patent blueprint based on it.
    • A patent blueprint is a techno-legal document, and it defines the strength of the prospective patent to be granted.

Step 5 : Applications Preparation
We present all the needed sets of applications to be registered along with Patent Specification.

Step 6 : Registering A Patent Application
Once everything is prepared, we move forward to apply, along with the necessary fees. Consequently, the patent application number will be authorized by the Patent office.

WHAT IS A PROVISIONAL PATENT IN INDIA?

A provisional patent in India is an essential step before registering a regular patent to generate interim protection. An individual can apply for a provisional patent in India without legal patent rights. This option is created to provide investors with an inexpensive way to tentatively protect their inventions until they decide to create a patent.

A provisional patent in India has a time of twelve months. It is from the date of filing, after which the inventor has to file an entire specification to take advantage of the provisional application’s filing date.

HOW TO WRITE A PROVISIONAL PATENT APPLICATION?

A provisional patent application is a much simple, but it must include some of the below requirements:

    • The printed and specific information of the invention.
    • Drawings or designed figures that promote the invention.
    • Text that describes the drawings or figures.
    • Your name and contact information.
    • A provisional application for the patent covering sheet.

A provisional patent application is not authorized binding, and it does not patent an invention. However, it provides a full year from the filing date to present forms and payments that need to make the non-provisional patent a reality—an invention visit in the “patent pending” status throughout this time.

WHAT ARE NECESSARY FOR PROVISIONAL APPLICATION FOR A PATENT?

Following steps the requirements of the provisional patent application:

    • A written description of the invention.
    • Any necessary models of the invention
    • The names of all the inventors.
    • The filing fee.
    • A cover sheet or automated filing, recognizing:
    • The application is a provisional patent application.
    • Inventor name
    • Inventor residence
    • Title of the invention
    • Communication address
    • The name and certification number of an attorney or representative and docket number is appropriate.

HOW TO WRITE A PROVISIONAL PATENT APPLICATION IN INDIA?

Here following are some easy steps that you should remember to write the provisional patent application: 
    • Evaluate and examine existing patents.
    • Download the forms such as Form 1, Form 2 from the Indian patent office website.
    • Fill in the essential details, including the title of the invention and the candidate and inventors’ names. In Form 2, write Provisional Specification, title, and the applicant’s name.
    • Organize the document before writing anything, making an online, and entering all details that need to be covered.
    • Use a simple typeface and fonts. Write about the patent that has been created.
    • Divide the application into segments, divide those segments into smaller segments if needed.
    • Use numbers rather than spelling out numbers.
    • Try to simplify any wordy expressions without writing claims with complete specifications.
    • Create the document’s contents by order of importance and pay the applicable fees.

A strong representation for a provisional application patent should always include the following details in this order:
    • Invention title.
    • Technical field.
    • Prior art and background information.
    • Representation of ‘how the invention addresses a problem.’
    • List of drawings or figures.
    • Complete description.
    • At least one example of the invention’s proposed use.

Can The Idea Be Registered?
You can’t patent an idea. It is against the law. Patents can only be allowed for things, processes, compositions, machines, manufactured articles, inventions. Cannot patent complex ideas or theories.

What Cost Require For Provisional Certificate In India?
The cost for registering a patent in India for an individual is Rs. 1750, and the request for examination is Rs. 4400, whereas online filing costs are Rs. 1600.

FAQs on Provisional Patent

It can't examine the Provisional patent online because it isn't written. Because provisional applications do not include any patent rights, and they are just used to prepare a preference patent filing date.

On average, it takes four to six years to utilize in India to get provisional patent permission.

Once the patent is filed, you cannot change the provisional patent. But on a non-provisional patent, you can attach new information and then prioritize the non-provisional for the rest.

Yes, there is an option for selling a provisional patent application. You can also permit it. A provisional patent involves a specification, a description, and an invention drawing. Furthermore, drawings are needed to know the subject matter that is asked to be patented.

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