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- A provisional patent can be sustained for a period of 12 months, and it can help those seeking for manufacturing and selling of goods or products in that period of time. However, an actual patent application should be filed within the 12 months.
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Provisional Patent Application Filing in India

An Overview- Provisional Patent India

If your invention is valuable then it is better to patent your invention to protect it from infringements. A patent is a perfect way to secure your inventions and get intellectual property protected.

A provisional patent can be sustained for a period of 12 months, and it can help those seeking for manufacturing and selling of goods or products in that period of time. However, an actual patent application should be filed within the 12 months. It will be treated as having applied on the date, the provisional patent was furnished.

Although it is not mandatory to get a provisional patent, it is primarily suggested because it has many benefits for inventors. It gives you right over your invention before the actual patent certification.

Often a provisional patent application is furnished to secure an idea while the inventor tries to improve and develop the invention.

Documents/Details required for the Provisional Patent Application in India

The requirements for the provisional patent application:

  • A written description of your invention.
  • Any design or map of invention.
  • Names and details of all inventors.
  • The application filing fee.
  • An electronic filing sheet, justifying:
    • It is a provisional patent application.
    • Inventor's name
    • Inventor's residence
    • Title and field of invention
    • Full address
    • Details and registration number of an attorney or agent and docket number(if it is applicable).

Benefits of a Provisional Patent

Benefits of filing provisional applications for patents are listed below:

Minimal Information Requirement

A provisional patent requires minimum information like title, design, field, nature and potential of the invention, even if it is under development or at a conceptual frame.

Early Rights

One can book his/her name against an invention, even if it is under development with the help of a provisional patent. The patent rights are granted to those who furnish it firstly instead of those who invents first.

Assess Market Potential

The provisional specification helps to determine market potential of your invention, before going for the furnishing of complete patent specifications.

Detailed process to file Provisional Patent application in India

To prevent others from stealing your ideas, it is better to file patent applications. Even if you aren’t ready for the permanent patent, you can file provisional patent application. Often a provisional application is filed to claim the benefit of interim protection for invention.

Follow these procedures to furnish the application in India:-

  • 1

    Preparation of Invention Disclosure Form (IDF)

    You have to provide answers to the questions asked in the IDF that includes the following:

    • Your issues related to invention.
    • Issues and solutions that are already accessible with these solutions.
    • Technical qualities of your invention.
    • The functionality of the technical features for invention.
    • Any alternative to the solution proposed.

  • 2

    Invention Consolidation

    The furnished IDF (Invention Disclosure Form) form is reviewed to point out new technical features. This step may take 2-3 iterations to get the invention integrated for novelty search and specific preparation.

  • 3

    Novelty Search

    Novelty search helps you to identify new and unique technical features. We look for accessible documents to identify if there is any similar document published worldwide. It could be the same or identical to your technical features.

  • 4

    Preparation of Patent Specifications

    After the verification of novelty, we proceed further to prepare patent specifications based on novelty search. It is a techno-legal document. It determines the strength of the patent being registered.

  • 5

    Filing A Patent Application

    After preparation of all the documents, we proceed ahead to furnish patent applications along with the filing fees. Consequently, an application number will be provided by the Patent office.

FAQs on Provisional Patent Application

Often a provisional patent application is furnished to secure an idea while the inventor tries to improve and develop the invention.
IDF (Invention Disclosure Form) is used for the documentation of the invention. It describes the inventor's ideas or thoughts of their invention. It is used by the attorneys or examiner to determine the invention’s eligibility that being registered.
As per the Patent laws, only inventions can be patented.
Yes, one can sell their provisional patent rights of his/her invention by executing an application to transfer the ownership to another party.
A provisional patent can be sustained for a period of 12 months, and it can help those seeking for manufacturing and selling of goods or products in that period of time. The inventors must file a Permanent patent application within that period of time.
The provisional patent lasts for 12 months from the filing date.

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