Provisional Patent
Building Blocks of Innovation: Secure Your Ideas with Provisional Patent
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About
A provisional patent in India is a type of patent application that allows an inventor to secure a priority date for their invention while they continue to develop and refine it. A provisional patent application is not examined and does not mature into an issued patent, but it does establish an early effective filing date for the invention. After one year from the priority date, the inventor must file a non-provisional patent application for the invention in order to maintain the priority date.
A provisional patent application in India is filed with the Indian Patent Office and includes a description of the invention and any drawings or diagrams that may be necessary to understand it. The application must also include a claim or claims that define the scope of the invention.
Once a provisional patent application is filed, the inventor has 12 months to file a non-provisional patent application, also known as a complete specification. The non-provisional application must include a detailed description of the invention, including how to make and use it, as well as any relevant drawings or diagrams. The non-provisional application will then be examined by the Indian Patent Office to determine if it meets the requirements for a patent.
Documents Required
Documents required for Provisional Patent Registration in India
Form 1 (Application for grant of patent)
Form 2 (Provisional Specifications)
Form 3 (Corresponding foreign patent application statement and undertakings)
Form 5 (Declaration of Inventor ship)
Form 26 (Power of Attorney). If your patent is filed by a Patent Agent, then this form is necessary.
Patent Statutory fee
Priority Document (It is used for convention applications if the priority date is claimed).
Illustrations/Drawings/images of the invention.
Proof of right to file application from the inventor. This proof of right can either be a separate agreement attached with the patent application or an endorsement at the end of the application.
Any other document, as required
In addition to the documents mentioned earlier, there are few more documents that may be required for a provisional patent registration in India:
Deed of assignment: This document is used to transfer ownership rights of the invention from the inventor(s) to the applicant(s).
Declaration of secrecy: This document is used to protect the confidentiality of the invention, and it states that the invention will not be disclosed to any unauthorized person.
Declaration of source of funds: If the invention is financed by any organization or individual, a declaration of the source of funds is required.
Evidence of use: If the invention has been publicly disclosed or used prior to the filing of the patent application, then evidence of such use (such as photos, videos or brochures) must be submitted.
Certified copy of the priority document: If the invention has been filed in another country prior to filing in India, a certified copy of the priority document must be submitted along with the application.
Form 3 and Form 5: These forms are required for furnishing the details of the applicant and the inventor respectively.
Benefits
Benefits of Filing a provisional patent application
Establishing an early effective filing date: A provisional patent application establishes a priority date for the invention, which can be important if someone else later files a patent application for a similar invention.
Testing the market: Filing a provisional patent application allows the inventor to test the market and gather feedback on the invention before investing in a non-provisional patent application.
Using "patent pending": Once a provisional patent application is filed, the inventor can use the term "patent pending" in connection with the invention. This can be useful for marketing or licensing the invention.
Raising funding: A provisional patent application can help the inventor to raise funding or find a business partner to help commercialize the invention.
Low cost: compared to a non-provisional patent application, provisional patent applications are relatively less expensive and less formal.
Flexibility: Filing a provisional patent application gives the inventor more flexibility, as they can later decide whether to file a non-provisional patent application or abandon the invention altogether without incurring significant costs.
Protects the invention while the inventor is still working on it: Provisional patent can protect the invention from others copying it while the inventor is still working on it and finalizing it.
Process
Process of filing a provisional patent application in India
Identify the invention: The inventor must first determine what the invention is and how it is novel and non-obvious.
Prepare a specification: The inventor must prepare a detailed specification of the invention, including any drawings or diagrams that may be necessary to understand it. The specification must include a description of the invention and any claims that define the scope of the invention.
File the application: The inventor must file the provisional patent application with the Indian Patent Office, along with the appropriate fee. The application must be filed in the appropriate format Form 2 and must include the specification, any drawings or diagrams, and any necessary supporting documents.
Receive the application number: After the application is filed, the Indian Patent Office will assign an application number and will provide an acknowledgement of the filing.
Wait for 12 months: The inventor must wait for 12 months from the priority date to file a non-provisional patent application, also known as a complete specification.
File the non-provisional application: After 12 months, the inventor must file a non-provisional patent application Form 1, including detailed description of the invention, including how to make and use it, as well as any relevant drawings or diagrams.
Examination: The non-provisional application will then be examined by the Indian Patent Office to determine if it meets the requirements for a patent.
Issue of Patent rights: If the application for Patented Product meets all the requirements, Patent will be issued by the Patent Office.
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