Provisional Patent

Secure a priority date for your patent by filing for a Provisional Patent Application

Provisional Patent

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What is Provisional Patent Application?

Patent is an exclusive legal right of any inventor that grants him the legal authority to prohibit others from making or using a particular invention. A provisional patent registration is the first step towards filing a patent. A provisional application is a brief synopsis disclosing the essence or the nature of the invention. It is the preliminary application which can be filed before filing the complete specification. It explains the patent in brief but not completely. Filing a provisional patent is very useful for inventors as it locks the priority date and secures the invention so that no one else can copy it or claim authority over it.

Benefits of filing provisional patent application

Documents required for provisional patent filing

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An invention is not patentable if;

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*Subject to Government processing time

Process to apply for provisional patent

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Frequently Asked Questions

The patent filing is important to get exclusive rights over it. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies, the inventor must obtain a patent

History of the invention, possible prototypes, all the minor details about the invention. This is to make the inventive steps stated clearly and help them draft better claims for the patent. The draft should also include the most useful aspect about the invention with the technical drawings, illustrating the functionality of the invention. And whether it is a developed or improved version of an already existing patent.

No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application.

An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Usefulness/ Industrial utility – it should not be a mere prototype, it should be working and has to have some use.

A provisional patent is valid for one year from the date of filing. If the complete specification is not filed within that one year then the application gets abandoned.

A provisional patent is a temporary patent which is applied when the invention is not finalized and is still in the experimental phase. Application for the permanent patent is made when the invention is finalized and ready to be patented for 20 years.

The provisional patent enables you to register your name against the invention even before it is finalized. The patent is awarded to the person who files it first rather than the person who invents at the first place. A provisional patent can be filed even when the invention is just at a conceptual stage.

A patent filed and registered in India is valid only in India. To register a patent in other countries, a separate patent application should be filed with the respective countries or through PCT. No patent is global.

In India, the term of a patent is for 20 years from the date of application.

1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.

As such there are no restrictions, however, there are stipulated additional fees, if the (provisional) application draft exceeds 30 pages

No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.

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Provisional Patent

Secure a priority date for your patent by filing for a Provisional Patent Application
Get Started