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All You Need to Know About Provisional Patent Application in India

Provisional Patent Application in India
Karan Singh
| Updated: Mar 27, 2021 | Category: Patent

In India, when an Individual gets Patent Registration under the Indian Patent Act, 1970, Intellectual Property in the Patent form is protected. Obtaining a Patent prevents other persons or concerns from infringers into your invention. A Patent may be achieved on a process or a design. Under the Indian Patent Act, 1970, there are two different types of Patent Specifications. According to Section 9 of the Indian Patent Act, Patents are quantified under two categories: Provisional Patent Specification and Complete Patent Specification. Scroll down to check more information regarding the Provisional Patent Application.

What is a Provisional Patent Application?

A Provisional Patent Application is an application that can be used by the Patent owner to protect a filing date while evading the costs linked with the filing and action of a non-provisional patent application. If an application of non-provisional is filed within one year from the filing date of the Provisional Patent Application, the application of non-provisional may claim the advantages of the filing date of the provisional application.

Because the application of Provisional Patent is not examined, an applicant can also avoid the costs linked with the non-provisional Patent for a year while defining whether their invention is commercially observable. Moreover, because an application of Provisional Patent is not made public unless its application number is eminent in a future published application or Patent, the failure by an applicant to file a non-provisional application based on their Provisional Patent Application will not lead to public disclosure of their invention.

What are the Benefits of the Provisional Patent Application?

When it’s all about filing an application for a Patent, many aspects such as filing date, filing cost, protection time, etc., come into action. Therefore, filing a Provisional Patent Application renders the following benefits:

Benefits of Provisional Patent Application
  • Date of Patent Filing: When an individual is trying to file an application for Patent, the filing date plays an essential role. For instance, if there are two same applications, the priority is given to the application with the earlier date of filing compared to the application with the later date of filing. Hence, when one has a Provisional Patent, and then the files for a complete Patent, the date that is taken as the date of filing will be the date of the filing Provisional Patent.
  • Cost-Effective: The Provisional Patent provisions are given under that Act to make sure that in the case where the inventor doesn’t have the monetary verge of filing and a complete Patent application or hire an agent, they are a specified time to do so. The filing cost of a Provisional Patent Application is affordable and low compared to that of a complete patent.
  • Relinquishment: When an individual has a Provisional Patent and wants to relinquish, trying to acquire a complete Patent, they may do so without upsetting the cost of the entire process.
  • Interim Protection: When a person file for a Provisional Patent and the filing is accepted, then the filer is safeguarded for twelve months from the date of filing the application. This will make sure that in the interim, they further develop or modify their invention and are given time to do whatever they need to do before getting a complete Patent.
  • Tag: By attaining a Provisional Patent, the inventor may use the take of “Patent Pending” when they try to discover the commercial potential of their new process or a new design.

Note: Always keep in mind that a Provisional Patent is an optional step. If the inventor is able to submit the application for a complete Patent, then it’s always good to do the same to avoid possible hindrance.

What is the information include in a Provisional Patent Application?

Following are some vital information contain in Provisional Patent:

  • The Name of the invention or process or a design;
  • Provisional Specifications (It don’t have to include claims section);
  • Invention description (It shouldn’t be limited and rare);
  • Objective and field of the invention.

What are the Vital Documents and Forms Required for Provisional Patent Application?

To file an application for a Provisional Patent, one needs to submit the different forms and documents, and you can check the same below:

  • Form 1: Form 1 is used for the application for Patent Registration, and it should be duly signed by the applicant and submit the same within six months of the basic filing application. All the vital information in this form, such as the inventor’s name, invention type, etc., requires to be filled and the inventor should sign at the end of the form.
  • Form-2: It will comprise Provisional Specifications. You must write “Provisional Specification” and mention the name of the inventor. Also, you have to give a description of the invention in this form.
  • Form-3: This form is used for conforming foreign Patent application (This form is only required when there is an application of foreign Patent).
  • Form-5: This form is the declaration of inventorship.
  • Form-26: This form is announcing the Power of Attorney to allow the Patent Agent (only when the Patent Application is filed by the agent). It should be submitted within six months of filing an application.
  • Form-28: This form is used to claim as a small company (only if needed). Submission of the design or drawing, or diagram of the invention. (Not required in the case of the process).

All these must be submitted as per the Patent Rules (2003). All the above-mentioned forms are available for download at the official website of the Indian Patent Office.

Conclusion

From above, it is clear that a Provisional Patent is an essential step and is obtained to get protection before being able to file a complete Patent. Comparing a complete Patent to a Provisional Patent has deficiencies, primarily upon the time of protection given to the IP that has been provisionally patented. The primary reason for permitting provisional patents is to offer protection and a form of temporary protection to patentees or inventors until they are able to follow a complete Patent.

Also, Read: What is Patent Application and How does it Work?

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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