Benefits of Filing a Provisional Patent Application
Reserve Priority Rights
By filing a provisional patent application, an inventor explains the essence and the nature of invention and claims his rights over the same. The accepted Provisional Patent locks the priority date and secure the invention, so that no one else can claim the authority over it.
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Allows Enough Time to Make Final Draft
By filing a provisional patent application, an inventor gets enough time to work on the invention and brush upon its utility, novelty and the inventive factor until its finalized as per the established standards. The inventor will be provided a time period of 12 months from the date of application to file the final patent draft called Complete Patent Specification.
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Monetary Benefits
A patented invention is a great asset, which can bring in huge monetary benefits than any other intellectual property if managed intelligently. The patentee can license, sell or assign their patent whenever needed.
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An Invention is Not Patentable if;
It’s a method or scheme for performing a mental act which does not have any utility. If it is a scientific theory or mathematical method If it represents an aesthetic creation, literary, dramatic, artistic work, or a computer program
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Documents Required for Filing Provisional Patent Application
- Title Title of the invention
- Information of Applicants Name, Address and Nationality of each applicant for the patent
- Description of Invention A brief synopsis disclosing the essence and nature of the invention
- Technical information Technical details about the invention and drawings if any
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File a Provisional Patent Application in 3 Easy Steps
- Fill up the registration form
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Fill up the form which will take less than 10 minutes
Make payment through secure payment gateway.
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Discussion regarding Provisional Patent
Provide details & upload documents required for Provisional Patent Application
Drafting of Documents and Agreements
- Receipt of Signed Documents and Agreements fromCustomer
Preparation and Filing of Application
Your Provisional Patent Application Filed Successfully.
All it takes 12 to 15 Working Days.
*Subjected to Government Processing Time
The Process of Filing Provisional Patent Application
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Day 1 – 3
Collection of Information
Collection of required documents (Scanned copies)
Review of documents and information provided
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Day 4 - 11
Discussion about provisional patent, the invention, its uses and advantages
Drafting of Documents and Agreements
Sending documents and agreements to get signed by the applicants
Receipt of signed documents and agreements from applicants
Vetting of Draft provided by the applicant
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Day 12 – 15
Preparation of Provisional Patent Application
Reviewing and refining the claims of invention
Submission of Application
Your Provisional Patent Application Filed Successfully
*Subjected to Government Processing Time
Enquiry
FAQ
What is the benefit of patenting an invention?
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.
Can a published or disclosed invention be patented?
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.
What is the term of Provisional Patent?
12 months is the term allotted to the inventor to submit the final draft of the invention by registering a provisional patent.
Which Act governs the patent system in India?
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly Amended in consonance with the changing environment, most recent being in 2016
Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.