Provisional Patent

Package

Provisional application of device, design and medical patents with the India Patent Office. Invention abstract and provisional specifications to be provided by the client. Inclusive of government fee & taxes

₹ 50000.00/-

Provisional applications of device, design and medical patents with Indian Patent Office. Invention abstract be provided by the client. Claims specifications will be drafted by FilingRabbit Team. Inclusive of government fee & taxes

₹ 70000.00/-

Provisional Patent

What is a provisional patent?

A patent is an intellectual property right filed to protect inventions and scientific compositions. A provisional patent protection is filed for in the Patent Office before a permanent patent is filed for.  A registration for a provisional patent is filed when the patent/invention is still incomplete. The invention is deemed safe enough to disclose, but since it is not completely invented, a permanent patent cannot be filed for it.

This is usually done for a competitive edge in the market and to secure protection over the patent before other competitors. Therefore, a provisional patent provides the applicant with an interim protection till the time the patent is completed. 

In India, a patent protection lasts for 20 years from the date of registration.

WHAT ARE THE BENEFITS OF FILING A PROVISIONAL PATENT ?

  • By filing a provisional application, the Applicant obtains a priority date, which signifies that the Applicant has a prior right to use over similar invention by competitors.
  • The Applicant can file for complete specifications of the patent within an year from the date of filing provisional application, during which an interim protection is granted to the patent.
  • Having a pending patent increases the value of the Applicant’s product and its reputation in the market.
  • Within the time between filing of provisional patent and permanent patent, the Applicant can make changes to the product to increase the utility.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHAT IS THE PROCEDURE TO FILE A PATENT?

For a device/invention to be patentable in India, it must be novel, have an inventive step, and should be industrially applicable. The step by step procedure to register a patent in India is as follows-

  • Conducting Patent Search
    The first step that an applicant must take before filing the patent application is to conduct a trademark search. This search should be conducted to make sure that the applicant’s patent is indeed novel and is distinguishable from the other existing patents.
  • Filing the Patent
    After conducting a thorough trademark search, the Applicant needs to file the patent with the Patent Office, using the prescribed fee and forms. The application must be in the form of a specification and should contain the details and the features of the invention.

    • Filing Provisional Specification: A provisional specification is filed when a patent has not been completed yet, but it has been completed enough to share it on the paper. A provisional specification is used to secure a protection on the patent before other competitors in the market.
      The patent office provides the applicant with a patent filing date, within 12 months from which the applicant must submit complete specifications.
    • Filing Complete Specification: In order to complete a patent filing, it is necessary that the complete specification is filed within 12 months from the date of filing. The complete specification involves all the details about the patent including its title and full description, and the details of the patent owner.
      To maintain the legal nature of the specification, a patent attorney must be hired to draft it. 
  • Patent Publication
    A patent application is published in the Patent Journal after it has been filed in and accepted by the Patent Office. The Publication happens after 18 months from the date of filing, normally. For an expedited procedure, publication is requested using Form-9, which is granted after nine months.
  • Examination of the Patent Application
    The Examiner decides if the patent application meets the standards of novelty, inventive step, and industrial application. The request to examine the patent application should be filed within 48 months from the date of filing the application (or the priority date).
    The Examiner might raise an objection to which the applicant must reply within 12 months from the date of objection.
  • Patent Registration
    Once the Reply to the objection is filed and the Examiner is satisfied with the application, the patent is granted registration.

WHAT ARE THE COMPONENTS OF A PROVISIONAL PATENT SPECIFICATION?

The following information should be contained in a provisional patent:

  1. The invention/ design/ process name/ Title
  2. Provisional requirement
  3. Definition of innovation
  4. Field and intent of innovation
  • Title: The preliminary requirements for the patent will begin with the title of the invention. The titles need to reflect the invention’s features equally, be brief and precise. It will be within 15 terms. The name of the applicant, the term patent, abbreviation, etc., should not be included in the text.
  • Description: The description begins with the preamble and includes the innovative field and the object.
    Preamble: The description of the innovation starts with a preamble ‘The following specification defines the innovations.’
  • Field: This section should state the technical field to the field it belongs to. This is done to clear the extent where this is the essence of the product and the application designation.
  • Object: This segment depicts the importance of invention and the benefits of the inventions.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHAT ARE THE DOCUMENTS REQUIRED FOR PROVISIONAL PATENT?

  • Application to grant the patent – Form-1
  • Provisional Specifications – Form-2
  • Statement and Undertaking (regarding foreign applications) – Form-3
  • Declaration as to Inventorship – Form-5
  • Authorization of Patent Attorney (if required) – Form-26
  • Illustrations of the Invention
  • Priority Document (if applicable)
  • Prescribed fees

A provisional specification must contain two parts (broadly) – A “Title” that captures the essence/features of the invention and is to the point, and a “Description”, which must contain a Preamble along with the object of the invention.

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