Difference Between Permanent Patent And Provisional Patent: A Complete Guide

A Patent is an integral part of Intellectual Property Rights (IPR), and it provides exclusive rights for the invention.  An autonomous authority is allowed to issue a lawful document completely to the original inventor to use, copy, sell, and publish the invention for a specific number of years. So, Patent Registration safeguards the invention and gives a good reputation in the market. Hence, by understanding the main difference between Permanent Patent and Provisional Patent, the applicant can know more about the process of Patent application filing and the expected cost of safeguarding the invention.

Thus, the benefits of Patent registration by knowing the difference between Permanent Patent and Provisional Patent is vital so as to accordingly apply for the registration. Scroll down to check the difference between Permanent Patent and Provisional Patent.

Why is it Vital to do a Patent Registration?

Patent Registration protects the invention of an inventor and motivates or encourages them to advance or develop the state of technology or to keep growing the invention for better visions. To be eligible for a Patent Registration, the invention should be unique, distinct, useful, and non-obvious.

In India, the regulation that is involved with the Patent is the Patent Rules, 1972 and the Patent Act, 1970. Any computer software, machines, technical tools, chemical, drugs, etc., can be patented. An original invention is the result of the inventor’s hard work and determination, and so rights are given to the inventor so that no unauthorized person or third party use or make the profit of the same with the approval. Hence, Patent Registration is a vital necessity to exclude others from using it.

What is Permanent Patent?

A Permanent Patent is an application given by the inventor where he or she provides the full description of their invention in detail and provides the finest planning, strategy, and opportunity of functioning the invention. It is a type of techno-legal document.

It protects the invention from illegal use, copy, creation, and sharing of the invention or alike invention. The IPR (Intellectual Property Rights) through an application of Permanent Patent means that no one uses the invention without taking proper permission from the owner of the invention.

What is a Provisional Patent?

It is essential to know that in the current Intellectual Property Industry, there is nothing like Provisional Patent in specific. But, a Provisional Patent application is presented with an objective to step towards the way of getting robust and strict Patent protection.

The primary objective of filing an application for Provisional Patent is necessarily a vital step so as to permit the inventor to keep working on their invention without distressing about any theft and to keep executing the patent operations and continue with the advance improvement.

The term Provisional itself states that it’s to be applied provisionally, so it’s a lawful document that is to be filed on an initial date and gets altered into a Permanent Patent only if the inventor applies for a granted Permanent Patent.

Let’s Understand the Key Difference between Permanent Patent and Provisional Patent

You can check the key difference between Permanent Patent and Provisional Patent from below:

• Low Cost: One of the biggest and foremost reasons to file a Provisional Patent rather than filing an application for a Permanent Patent is that the application for a Provisional Patent is less costly than the Permanent Patent Application. Hence, it is generally preferred by the companies/entities and individuals and useful for anyone available with a limited budget. Moreover, the registration of a Provisional Patent is not troubled with any lawful formalities or requirements which are obligatory needed in case of the registration of Permanent Patent.
• Role of Patent Office: The main role of the Patent Office is another noteworthy aspect that not only separates the application of Provisional Patent and Permanent Patent from each other but makes the Provisional Patent application much better. The office of the Patent doesn’t give importance to the application of Provisional Patent unless the inventor or owner files an application of Permanent Patent that claims advantages and rights under the filing of a provisional application, that means there are no necessities for an additional fee connected with the Patent Attorneys or Office. In simple terms, the application for a Provisional Patent permit for resting the basis for completion of a Patent, get promoted with Patent-pending and keep the funds in the process, while the Permanent Patent doesn’t serve these types of interest.
• Flexibility: The application of Provisional Patent is flexible in nature as compared to the application of Permanent Patent, and it allows adding and alters suitable to the inventor for the growth and development of the invention. Whereas the application for a Permanent Patent is not flexible at all, and add to the application after submitting it is not permitted.
• Protection of Invention: By applying for Provisional Patent it facilitates the protection of Patent and the inventor can continue to increment, add and maintain the invention and work upon it until he gets totally satisfied and then one the inventor is complete with the same, he or she can move a Provisional Patent application. On the other side, once the inventor applies for Permanent Patent, then the inventor will not have any option left to add or alter a new subject matter or make any development/changes in the invention. Hence, for securing the previously created part, the inventor wishes to apply the application for the Provisional Patent.
• Risk Level: The level of aspect in filing the application for Provisional Patent or the absence of details creates a risk to the inventor; if later on the inventor additions of details which are unconfirmed by the novel filed detail, then the new matter doesn’t get the earlier provisional filing date. But there is nothing like that while applying for a Permanent Patent because it requires to be last and comprehensive.
• Severe and Loose Format: The application of Provisional Patent doesn’t follow any severe format since their primary objective is to permit the inventor to get their Patent protected and get a date of filing. But, the application for Permanent Patent has to be written in some specific format and have a minimum of one claim. The claim for Permanent Patent application is written by Patent Attorneys and revised by the examiners of PTO.

Conclusion

After understanding the difference between Permanent Patent and Provisional Patent, it is clear that they both are different kinds of Patent application, but they both are the best way to serve the purpose of safeguarding the invention under the Intellectual Property Rights of Patent.

They both can be a good reason to encourage an inventor to use their unique invention for the development of technology at the same time, providing them with excellent protection. Hence, the registration of Provisional and Permanent Patent is important for the inventor coming forward with unique and novel inventions, but the difference between Permanent Patent and Provisional Patent is just about the suitability and the process.

Also, Read: A Complete Guide on the Restoration of a Patent