Overview of Provisional Patent in India

In India, any person who wants to protect his/ her valuable invention from infringement needs to obtain Patent for it under the provisions of the Patents Act 1970. The term “Patent” denotes an ideal way to safeguard inventions and ideas. Further, the term “Provisional Patent” means a preliminary step, before filing the actual patent. The main aim of a Provisional Patent is to provide interim protection.

Further, an application for Provisional Patent has a 12 months pendency, starting from the date of filing the application. After that, the applicant needs to file a complete specification to avail of the benefit of filing application for Provisional Patent.

If in case, the applicant is unable to file the specification within a year, then, in that case, the provisional application is deemed abandoned.

What is a Provisional Patent?

The Provisional Patent is an application that the Patent owner can file to claim a Patent pending status. This status permits the owner protection for twelve months. In that time, the owner can seek out manufacturers, sell the product or goods & get essential prototypes developed for further upcoming applications.

Since the genuine Patent has to be filed before the end of twelve months, it is treated as having been applied for on the date that the Provisional Patent was filed. This way, if anyone files an identical Patent after seeing your innovation or product at work, you have still Patent protection.

Need for Provisional Patent Application in India

Whenever an invention is not complete or needs further improvements, then the inventor must apply for a provisional patent to book his/ her name against that specific invention.

However, it shall be noteworthy to mention that if the applicant is unable to complete the pending invention within a period of 12 months, then, in that case,the provisional application is deemed abandoned.

Regulatory Framework for Provisional Patent

In India, the concept of Provisional Patent is governed by the provisions of the laws as follows:

• Patent Act 1970
• Patent (Amendment) Rules 2020

Further, the Controller General of Patents, Designs & Trade Marks (CGPDTM) acts as the regulatory force for administering the grant of Patent in India. Also, the other name for CGPDTM is the Indian Patent Office.

Benefits of Filing Provisional Patent Application in India

The benefits of Filing Provisional Patent Application in India are as follows:

Less Expensive

In India, the fee for filing the provisional patent application is much less than the fee charged for a full patent. Also, the same requires simplified technical requirements, time, and money than a Full Patent.

Establishes Date for Filing Patent

An applicant requires to file the application for Full Patent within 12 months, starting from the date of filing the Provisional Patent. If in case the applicant is unable to file the specification within a year, then, in that case, the provisional application is deemed abandoned. That means a provisional patent provides the benefit of “Relating Back”.

Assess Commercial Viability

The inventor has the right to evaluate the Commercial Viability of the Invention prior to paying the upfront drafting cost and filing of the full patent.

Requires Minimal Information

A Provisional Patent Application in India, requires only a specific title, a designated field of invention, nature, and potential use.

Confidential in Nature

One of the main benefits of Provisional Patent is that it preserves the confidentiality of one’s application without publication.

Establishes Early Right

A Provisional Patent allows an individual to book his/her name against a specific invention, even before its completion. Further, it shall be relevant to note that a patent is granted to the person who files it first, rather than the one who discovers it first.

Components for a Provisional Patent Application in India

The key components of a Provisional Patent Application in India are as follows:

• Invention must be Written and Descriptive in Nature;
• Must include Illustrations of the Invention;
• Names of all the Inventors;
• Fee for Filing Provisional Patent in India;
• A cover sheet or electronic filing;
• Provisional Patent Application;
• Name of the Inventor;
• Address of the Inventor;
• Title of the Invention;
• Correspondence Address of the Inventor;
• Name of the Attorney or Agent;
• Patent Registration Number of the Attorney or Agent;
• Docket Number;

Documents Required for Filing Provisional Patent Application

The documents required for Filing Provisional Patent Application are as follows:

Form 1

Form 1 is used for filing the application for the grant of Patent. Further, it needs to be signed and furnished within a period of 6 months, starting from the date of filing the basic application. Also, all the required details, such as type of invention, name of the inventor, etc., must be included in the application as well. The applicant needs to compulsorily sign on the last page of the form.

Form 2

This particular form will include provisional specifications and details, such as title, inventor’s name, description for invention etc.

However, it shall be relevant to note that the applicant must mention the name “Provisional Specification” in this form.

Form 3

It is used for filing corresponding Foreign Patent Application.

Form 5

It is used for declaring the Inventorship of the inventor.

Form 26

Form 26 is used for declaring and authorising a Patent Agent by way of a Power of Attorney. Further, the applicant needs to submit this form within six months, starting from the date of filing the application.

However, this form will be needed only, if an application for a provisional patent is filed by way of a patent agent.

Other Documents

The other documents required for filing a Provisional Patent in India are as follows:

• Receipt for prescribed government fee;
• Illustrations and Drawings of the invention;
• Abstract of the Invention;
• Priority Document which is used for filing convention applications, if in case the priority date is claimed;

Process for Filing Provisional Patent in India

The steps involved in the process of Filing Provisional Patent in India are as follows:

Download the Required Forms

In the first step, the applicant or the person authorised needs to download Form 1 and Form 2 from the official portal of the Patent Office in India.

Filling of the Relevant Details in the Forms

After that, the applicant or the agent authorised needs to fill in all the necessary information in the forms of the inventor. Further, these details include the name of the applicant or inventor, the title of the invention, type of patent application. Also, it is mandatory for the applicant to sign the last page of the form.

After that, the applicant needs to write all the Provisional Specifications of the invention in Form 2, i.e., the name of the applicant, the title of the invention, and a statement declaring that the following mentioned specifications describe the nature and essence of the new invention.

Describe the Invention

The applicant requires to provide a written description of the invention in Form 2. The term “description” denotes the reasons as to why the applicant’s invention is different from the other Patents, together with the process of making it and functions. Also, the applicant can include diagrams, figures, or tables related to the Patent. The main reason behind the description is to make the invention understandable in nature.

No requirement of Claims

While filing the Provisional Patent Application in India, there is no need to write about the claims related to the Patent. That means the claims should be filed with the application of a complete Patent.

Payment of the Fees Prescribed

The fees prescribed for the application of Provisional Patent in India is required to be paid by the applicant. Further, the application for the same is to be submitted to the Indian Patent Office.

How to Write a Provisional Patent Application?

The things to consider while writing a Provisional Patent Application in India are as follows:

• Review and Compare the Existing Patents;
• Download Forms 1 and 2 form the official website of Indian Patent Office;
• Fill in the relevant details, such as the Invention Title, and Applicant’s name. Further, in Form 2 mention “Provisional Specification” as well;
• Plan the document prior to writing anything;
• List down all the points that are needed to be covered;
• Make use ofReadable Typeface and Fonts;
• Description about the Invention;
• Divide the Application into segments, after that divide those sections further into smaller sections if required;
• Use Numerals in the place of Spelling out Numbers;
• Simplify wordy phrases without writing claims;
• Organize the content of the document and pay the relevant fees;

Fees for filing Application for Provisional Patent

In India, the cost of filing the application for patent, for an individual is Rs 1750. Further, the fee for making a request for examination is Rs 4400 whereas, for online filing the same costs around Rs 1600. Patent registration plays an important role, know the complete checklist for Patent Registration.

Timeline for Filing Application of Provisional Patent

The timeline for filing Application for Provisional Patent can be summarised as:

Particulars	Time Period
Submission of Duly Signed Copies of Form 1.	Within 6 months, starting from the Filing Date.
Submission of Proof of Right, if in case both applicant and inventor are different from each other.	Within 6 months, starting from the Filing Date.
Submission of Form 26, if in case the application for the grant of patent is filed through a patent agent.	Within 6 months, starting from the Filing Date.
Submission of the Complete Specification, if in case the applicant wishes to proceed with the patent application.	Within 12 months, starting from the Filing Date.
If in case the applicant wants to protect and safeguard his/ her inventions in foreign countries, then there is a need to file convention application or PCT application.	Within 12 months, starting from the Filing Date.

Frequently Asked Questions