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Provisional Patent

Provisional Patent Application

What is a Provisional Patent Application?

A patent is an exclusive legal right of the owner of the same (patentee) which grants him/her the legal authority to prohibit others from making or using a patented invention. A provisional patent application is a brief synopsis disclosing the essence and nature of the invention, which is a kind of preliminary application that an inventor can file before filing the complete patent application. Even it explains the patent in brief; filing a provisional patent is very useful for the inventor as it locks the priority date and secures the invention, so that no one else can claim authority over it. 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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    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.

    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.

    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.

    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

    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

    File a Provisional Patent Application in 3 Easy Steps

    Step 01

    Register & Pay

    • Select any package suits your requirement
    • Fill up the form which will take less than 10 minutes
    • Make payment through secure payment gateway.

    Step 02

    We Will Help

    • Your queries will be answered quickly and effectively
    • 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

    Step 03

    Application Filed

    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

    Day 1 – 3

    • Collection of Information
    • Collection of required documents (Scanned copies)
    • Review of documents and information provided

    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

    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

    Frequently Asked Questions

    What is a Provisional Patent Application?

    A provisional patent application is a legal document filed with the United States Patent and Trademark Office (USPTO) that establishes an early filing date for an invention. It provides a 12-month window to further develop the invention before filing a non-provisional patent application.

    What are the benefits of filing a Provisional Patent Application?

    Filing a provisional patent application allows inventors to secure a filing date, use the "Patent Pending" status, and gain time to refine their invention, conduct market research, or seek funding without the immediate cost and complexity of a non-provisional patent application.

    What are the requirements for a Provisional Patent Application?

    A provisional patent application requires a detailed description of the invention and any necessary drawings to understand it. Unlike a non-provisional application, it does not require formal claims or an oath/declaration, making it simpler and less expensive to file.

    How does BookMyTM assist with Provisional Patent Applications?

    BookMyTM provides professional services to draft and file provisional patent applications, ensuring compliance with USPTO requirements. Their team guides inventors through the process, offering a seamless and efficient experience.

    How long does a Provisional Patent Application last?

    A provisional patent application lasts for 12 months from the filing date. Within this period, the inventor must file a non-provisional patent application to maintain the priority date established by the provisional application.

    What happens if a non-provisional patent application is not filed within 12 months?

    If a non-provisional patent application is not filed within 12 months, the provisional application expires, and the inventor loses the priority filing date. This could allow others to patent similar inventions if they file first.

    Can BookMyTM help with filing in multiple countries?

    Yes, BookMyTM assists with filing Patent Cooperation Treaty (PCT) applications, coordinating with associate offices in target countries to secure patent protection internationally.
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