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Provisional Patent Filing

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A provisional patent is an application informing the corresponding authorities regarding the innovation and its ownership. It protects innovation and the applicant. This is filed for a short term with the patent office. According to the experts, it is a good idea to file provisional patents online to get an early filing or priority date.

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Introduction

Provisional Patent Filing

A provisional patent is an application informing the corresponding authorities regarding the innovation and its ownership. It protects innovation and the applicant. This is filed for a short term with the patent office. According to the experts, it is a good idea to file provisional patents online to get an early filing or priority date.

The requisite patent filing date can be swiftly obtained with the use of provisional patent applications. Filing a provisional patent application online is a demanding process. The real patent application has to be filed with the patent office within 12 months from the date of filing a provisional patent application. Subsequently, the applicant will be protected by the patent despite another opposition party submitting an identical patent application post innovation.

 

 

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Benefits

Benefits of Provisional Patent Filing

Process

Provisional Patent Filing In Easy Steps

Document Checklist

Documents required to Provisional Patent Filing

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 4

It is used for declaring the Inventorship of the inventor.

Form 5

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

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;

Faq

Frequently Asked Questions (FAQ)

 A provisional application can be made while the invention is still in the testing stage. A tentative specification is advantageous to the inventor since it helps establish the invention's priority date.
 Provisional patent applications are valid for a year. The applicant should provide all the detailed specifications along with the filing date to benefit from filing a Provisional Patent application.

 Because a claim is not necessary, many provisional patent applications can be submitted by innovators without the assistance of an attorney. Because there is only one filing fee for each application, which ranges between ₹75 and ₹300, costs are lower.

 Yes, in addition to offering a provisional patent, an applicant may grant a license to a third party for the rights detailed in his provisional patent application.

 
 Utility, design, and plant patents are three separate sorts of patents. Anyone who creates a new, useful method, apparatus, manufactured article, composition of matter, or any new, helpful enhancement thereof, may be granted a utility patent.
 
 Even without formal patent claims, filing a provisional patent application online in India is possible. The goal is to provide investors with a low-cost way to safeguard their findings in the interim before determining whether to seek a full patent.

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