Description
A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been finished. Any other relevant inventions will not be recognised as prior art to the inventor’s application if a patent is filed early. When an invention requires more time to develop, this form of patent application is filed.
OVERVIEW
A provisional patent is a type of patent application that allows inventors to establish an early filing date for their invention, while they continue to develop and refine their idea. Unlike a regular patent application, a provisional patent does not require a formal patent claim, formal drawings, or an oath or declaration. It also does not undergo a substantive examination by the patent office.
Getting a patent for new inventions/processes is a crucial strategy for every business as it is always the rule of first to file. So, the businesses intend to patent their inventions before they are even finalized. This can be done through a provisional patent application. It is one of the most important legal documents while applying for patent registration. It eventually increases the chances of obtaining patent registration when the invention is finalized. It is mainly to secure a priority date over the same invention which may be developed & patented by a competitor.
It must consist of a title and description of the invention. The permanent patent should be filed within 12 months otherwise the application can be abandoned.
Advantages of Provisional Patent
- Provisional patent ensures priority for the application of patent against the competitor applying for a patent on the same invention
- Provisional patent helps you to assess the market potential for the invention & decide further course of action.
REGISTRATION PROCESS
Step 1: Collecting Information: You are required to send in all the possible details, including potential uses of the invention across industries and likely benefits over existing products.
Step 2: Drafting Application: We will draft the application based on the details you send in & will send you for review in 3-4 working days.
Step 3: Submission: The drafted document will be filed with the Registrar and if accepted, you can use ‘Patent Pending’ on your product any time over the next year.
FAQs
What is the procedure to file a Provisional Patent Application?
A patent application can be filed with the Indian Patent Office. 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.
What is the use of a Provisional Application?
It is not necessary to file a provisional application but it is useful in establishing a priority date for your invention.
What if the complete specification is not filed within 12 months after filing a Provisional Specification?
If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned