Provisional Patent Registration
The application for provisional patent registration is generally done before filing a patent. Provisional patent registration is a document submitted in the office of the controller of patents before the entire patent specification in the case of an outlook patent.
The patent is classed as a Provisional patent since it is unfinished. Although obtaining a provisional patent registration is not required, it does provide several benefits to the inventor. If the applicant believes the invention is at a point where it can be disclosed on paper but has not reached the final step, a provisional specification is filed along with a patent application.
A Provisional specification is usually filed together with a patent application to ensure that the application has precedence over any other application filed for the same invention.
A lot of design and specification information are necessary to obtain a full patent. Patenting necessitates a significant amount of study and development. An individual can get provisional patent registration to protect their work even if they have not completely created the patented invention or technique.
The most important reason to acquire a provisional patent is to give the applicant security and a sort of temporary protection while he pursues a full patent.
Documents required for Provisional Patent Registration
- 1st Form (application for grant of the patent)
- 2nd Form (provisional specifications)
- Form 5 is the final year of high school (Declaration of Inventorship)
- Power of Attorney (Form 26) (required if an agent files the form on behalf of the applicant)
- Fees for electronic filing (Statutory Patent fee)
- 3rd Form (Corresponding declaration and undertakings concerning foreign patent application)
- Document of high priority ( For convention application if the priority date is claimed)
- The invention’s illustration/diagrams.
Patent Filing Procedure
What is the process for applying for a patent in India?
The Indian Patent Act of 1970 governs the country’s patent laws. In India, it is responsible for the registration, renewal, transfer, and protection of patent rights. An innovation must be original, have an innovative step, and have industrial use in order to be patented.
It is advisable to examine the public database before registering any intellectual property rights, such as trademark registration or design registration. An inventor or patent attorney can use a patent search to assess the patent’s novelty and obviousness.
Conducting a patent search will also reveal innovations that have already been registered, allowing the inventor to either write the application or broaden the scope of the innovation to differentiate it from the existing inventions.
Filing a Patent
Following the patent search, the patent attorney’s inventor will prepare the patent application. The application must be a specification, which is a legal document including scientific data that establishes patent rights.
Specifications are extremely important in the patent application process and should be written by a skilled patent attorney. It is important to discuss the invention’s different aspects. Provisional and complete specifications are the two forms of patent specifications.
Specification in Provision
The applicant can file a provisional specification when the invention has achieved a presentable form but not the final share. A preliminary specification will assist the individual in determining the inventor’s precedence over any other person who may use the same application.
The patent office assigns a patent filing date to the invention after filing a provisional specification. The inventor has 12 months from the date of filing to develop the invention and submit the entire specification.
A complete specification must be filed within 12 months after the provisional specification being filed and a patent filing date being acquired. Any patent application that does not include a comprehensive specification will be considered abandoned.
The title, preamble of the invention, name, address, and nationality of the applicant, field of the invention, general statement of invention, full description of the invention, primary method of making the invention work, statement claims, drawings, and abstract must all be included in a complete specification.
An expert patent attorney must draught the entire specifications to avoid mistakes.
Publication of Patents
The patent application is accepted, and the patent application is published in the patent journal after it is submitted. Patent applications will not be published for 18 months from the date of filing or priority, whichever comes first.
If the applicant wants a quick turnaround, he or she might complete Form 9 to seek publication as soon as possible.
A request for patent examination must be filed within 48 months of the filing of a patent application, or within 48 months of the application’s priority date, whichever comes first.
The patent examiner will assess whether the application meets the requirements for novelty, inventive step, and other factors for patent registration.
If there are any objections, the patent examiner will raise them in the initial examination report. The applicant has 12 months to respond to the objections stated in the initial examination report.
Obtaining a Patent
If the Examiner is satisfied that all conditions for awarding a patent are met after receiving a response to a First Examination Report, patent registration is granted. The patent will be valid for 20 years following the filing of the patent application.
Components of Provisional Patent Specification
The title of the invention will be the first of the preliminary criteria for the patent. The titles must be concise and accurate, and they must reflect the invention’s qualities equally. It will happen in the next 15 terms. The applicant’s name, the term patent, abbreviation, and so on should not appear in the text.
The prologue sets the tone for the rest of the description, which contains the inventive field and the object.
A prologue precedes the description of the innovation. ‘The innovations are defined in the following specification.’
4 Field The technical field to which it belongs should be stated in this section. This is done to clarify the extent to which the product’s essence and application designation are the same.
This part illustrates the value of inventions as well as their advantages.
Benefits of Patent filing Specification
Many factors influence the cost of submitting a patent, including the date of filing, the duration of protection, and so on. Obtaining a provisional patent has the following benefits:
A provisional patent specification is less expensive than a comprehensive patent specification, saving the applicant a significant amount of money in professional costs.
To create claims, it is necessary to do industry research. The creator has no idea on what grounds he or she may seek patent protection. The twelve-month period between the provisional and final patent specifications can be efficiently employed for study and analysis.
3. Pending patent
The inventor can use the “Patent pending” or “Patent applied” tag for their idea once the provisional patent specification has been filed. This tag will aid in the receipt of money as the invention’s credibility grows and the principal business model progresses.
4. Abandonment’s scope
If an applicant believes the product developed is not financially feasible, he or she can easily abandon the invention.
Because the patent application is not published, the priority data can be kept secret.