Provisional Patent Registration

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49,899
All inclusive price

Provisional application of design and medical patents with the Indian Patent Office. Invention abstract and provisional specifications to be provided by the client. Inclusive of government fees.

69,899
All inclusive price

Provisional application of device, design or medical patents with the Indian Patent Office. Invention abstract to be provided by the client. Claims specifications will be drafted by Licencecentre expert. Inclusive of government fees.

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REGISTRATION OF A PROVISIONAL PATENT

Provisional patent registration is an application that is often made prior to the filing of a patent. A provisional patent registration is a document that is filed in the office of the controller of patents before the complete patent specification for an outlook patent. As the patent is incomplete, it is referred to as a Provisional patent. Obtaining a provisional patent registration is not required, but it offers several benefits for the inventor. If the applicant believes that the invention is at a point where it can be published on paper but has not reached the final step, a provisional specification is filed along with a patent application.

Typically, a Provisional specification is filed alongside a patent application to ensure a priority date for the application above any other application filed in relation of the same invention being developed.

A lot of design and specification information are necessary to obtain a full patent. Patenting necessitates much study and development. Individuals can get provisional patent registration to protect their work even if they have not completely created the patented design or technique.

The most important purpose for obtaining a provisional patent is to give security and temporary protection to the applicant while he seeks a full patent.

The Advantages of Patent Filing Specification

Many elements are involved in the filing of a patent, such as the cost of filing, the date of filing, the protection duration, and so on. Obtaining a provisional patent provides the following benefits:

  • Cost-effective

    The cost of a provisional patent specification is less than that of a comprehensive patent specification, which saves the applicant money on professional costs.

  • Duration

    To create claims, it is necessary to do industry research. The creator is unsure about the legal basis for claiming protection for it. The twelve-month period between the provisional patent specification and the final patent specification can be efficiently employed for study and analysis.

  • Patent pending tag

    After filing the provisional patent specification, the inventor can formally and legally use the "Patent pending" or "Patent applied" designation for their work. This tag will aid in the receipt of money when the invention's credibility grows and the core business model matures.

  • The scope of abandonment

    An applicant can simply discontinue an invention if he believes the product developed is not economically viable.

  • Secrecy

    Because the patent application is not published, the prioritised data can be kept private.

Registration of Patents

If the Examiner is satisfied that all conditions for awarding a patent are met after receiving a response to a First Examination Report, patent registration is granted. The patent will be valid for 20 years from the date of submission of the patent application.

  1. Title

    The title of the invention will be the first prerequisite for the patent. The names must be accurate, and they must represent the qualities of the invention equally. It will be during the next 15 terms. The applicant's name, the term patent, abbreviation, and so on should not be included in the text.

  2. Description

    The prologue is followed by the description, which contains the inventive field and the object.

  3. Preamble

    A prologue precedes the description of the innovation. 'The innovations are defined in the following specification.'

  4. Field

    This section should include the technical field to which it belongs. This is done to clarify the extent to which the substance of the product and the application designation are the same.

  5. Object

    This section highlights the significance of invention as well as the advantages of inventions.

Provisional Patent Registration Requirements

The following documents are necessary for Provisional patent registration:

  • 1st Form (application for grant of the patent)
  • 2nd Form (provisional specifications)
  • 5th Form (Declaration of Inventorship)
  • Form 26 (Application for Power of Attorney) (required if an agent files the form on behalf of the applicant)
  • Fees for electronic filing (Statutory Patent fee)
  • 3rd Form (Corresponding declaration and undertakings concerning foreign patent application)
  • Document of high priority (For convention application if the priority date is claimed)
  • Diagrams/illustrations of the innovation

The Patent Filing Process

What is the process for obtaining a patent in India?

The Indian Patent Act of 1970 governs India's patent laws. It deals with patent registration, renewal, transfer, and protection in India. To be patentable, an invention must be original, contain an inventive step, and have industrial application.

Patent Look-up

It is best to examine the public database before filing any intellectual property rights, such as trademark registration or design registration. A patent search will assist the inventor or patent attorney in determining the novelty and obviousness of the invention.

Patent search

Conducting a patent search will also assist the inventor find innovations that have previously been registered, allowing the inventor to either write the application or broaden the scope of the innovation to separate it from the existing inventions.

Filing a Patent

Following the patent search, the patent attorney's inventor draughts the patent application. The application must be a specification, which is a legal document including scientific data that creates the patent rights.

Specification is an important part of the patent application process and should be written by an expert patent attorney. It is important to discuss the invention's different aspects. There are two sorts of patent specifications: provisional specifications and complete specifications.

Provisional Specification

When the innovation has achieved a presentable form but not the final share, the applicant may submit a provisional specification. A provisional specification will assist the individual in establishing the priority of the inventor above any other person who is likely to apply the identical application.

Following the submission of a provisional specification, the patent office assigns a patent filing date to the invention. The inventor has 12 months from the date of filing to develop the invention and submit the entire specification.

Detailed Specification

After filing the provisional specification and obtaining a patent filing date, the entire specification must be filed within 12 months. Any patent application that does not include a comprehensive specification will be considered abandoned.

A complete specification must be lamented in the title, preamble of the invention, the applicant's name, address, and nationality, the field of the invention, the general statement of invention, a full description of the invention, the primary method of making the invention work, statement claims, drawings, and abstract. To avoid mistakes, the entire specifications must be prepared by an expert patent attorney.

Publication of patent

Following the filing of the patent application, the application is approved and published in the patent journal. Patent applications will not be published for 18 months, beginning with the date of filing or the date of priority, whichever comes first.

If the applicant wants a quick turnaround, Form 9 can be used to seek publication as soon as possible.

Examination of Patents

A request for patent examination must be made within 48 months after the filing date of a patent application or the date of priority of the application, whichever is later.

The patent examiner will assess whether the application meets the requirements for obtaining the patent registration, including novelty, inventive step, and other factors.

If there are any objections, the patent examiner will raise them in the initial examination report. The applicant has 12 months to make a response to the objection stated in the initial examination report.

What is the Price I Need to Pay for Provisional Patent Registration?

Standard

49,899

all inclusive fees

Provisional application of design and medical patents with the Indian Patent Office. Invention abstract and provisional specifications to be provided by the client. Inclusive of government fees.

Premium

69,899

all inclusive fees

Provisional application of device, design or medical patents with the Indian Patent Office. Invention abstract to be provided by the client. Claims specifications will be drafted by Licencecentre expert. Inclusive of government fees.

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