Provisional Patent

Provisional Patent

Provisional Patent

One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Hence, provisional specification are akin to draft specification filed mainly to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed by a competitor.

A provision specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, object of the invention and statement of the invention. In provisional specification, claims are not included. Claims are normally included only in the complete specification. The average time taken to file a provisional patent application is about 15-20 working days, subject to government processing time and client document submission.

Benefits of Filing Provisional Patent Application

  • Establishes Priority Rights

Filing a provisional patent enables the applicant to secure a priority date for his patent and thus refraining any other individual from copying or filing such a similar patent.

  • Gauge the Worth of Invention

Filing a provisional application is simpler and affordable step for initial patent protection. The inventor gets 12 months before filing the complete specification which is referred as permanent patent in the common parlance. This period gives the applicant enough time to contemplate on whether invention has enough potential to be patented and gauge its feasibility. Changing the decision within these 12 months does not attract any charges/ penalties and the applicant can cautiously decide if the investment is worth it.

 

  • Buys Time to make required changes

A provisional patent gives the inventor time to work on the invention and brush up on its utility, novelty and the inventive factor till it is finalized as per the established standards. A period of 12 months is given to file the final patent draft called as a complete specification.

  • Monetary Returns

The patent is a great asset and has a potential to extract way bigger monetary benefits than any other intellectual property, if managed intelligently. Many pharmaceutical companies have made great profits through their patented chemical formulas by ways of licensing, assigning, etc.

Documents Required for Provisional Patent Filing

Title-Title of the invention

Applicants Information-Name, address and nationality of each applicant for the patent.

Description of the Invention-Detailed description of the invention and details about what the patentee wants to claim out of the invention.

Technical aspects of the Invention-Technical details about the invention and drawings

E-filing fees- (Patent Statutory fee).

Form 26 (Power of Attorney)- If your Patent is filed by a Patent Agent then this form is necessary.

Components of Provisional Patent Specification

The Provisional specification is defined under two topics. Like;

  • Title: It should fairly capture features of the invention and should be short and to the point.
  • Description: It begins with the preamble and contains the field and object of the invention.

 

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