Provisional Application

Provisional Application - Process, Procedure, Document Required, Fees, Eligibility, Duration

A patent inventor files a provisional patent application before filing the complete patent specification. The applicant can file a provisional specification when the invention has reached a presentable form but not the final stage.

Credence Corporate Solutions helps you to file your provisional patent specification. It completes all of the required work to file a provisional application before filing the complete specification on your behalf.

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 a provisional specification to develop the invention and submit the complete specification. The patent application will be deemed abandoned if the patent specification is not filed within 12 months.
After the provisional patent specification has been filed, the inventor can use the ‘Patent Pending’ or ‘Patent Applied’ tag.

When the applicant reaches a point in their research and development work where it can be published on paper but is not a finished invention, they can produce a description of the invention a provisional specification, and submit it to the patent office to obtain the invention's priority date.
Because the patent is incomplete, it is referred to as a Provisional Patent. The provisional specification is filed if the applicant believes that the invention has progressed to the point where it can be disclosed on paper but has not yet reached the final stage.
An applicant has 12 months to submit the complete specifications. If the complete specification is not completed within 12 months after the provisional specification filing date, the patent application is deemed abandoned.
The Indian Patent Act of 1970 governs India's patent laws. It deals with patent registration, renewal, transfer, and protection in India.

Provisional Application Frequently Asked Questions

Why file a provisional application?

Filing the preliminary specification is the first step towards the complete specification. When you have all of the information on your invention, you may go on to the complete specification. • When a person registers their patent under the Indian Patent Act, 1970, they can protect their patents or intellectual property. Obtaining a patent prevents other people or organizations from infringing on their creative idea. • A detailed description of the innovation and its specifications is required in order to obtain a complete patent. Even if a person is involved in Research and Development (R&D) and does not have a fully formed patentable design or process, they may obtain a provisional patent to protect their work. • A provisional specification is typically filed in conjunction with a patent application in order to achieve a priority date for the application above any other application filed in respect of the same invention being developed. • A Provisional Patent is not a patent in and of itself. It will not be expanded into a full patent application. For your invention, you might add a “Patent Pending” tag. You have secured the time for filing a complete specification by filing a provisional patent.

What are the benefits of a provisional patent?

• Ensure filing date: A significant benefit of filing a provisional patent is that it provides security and interim protection to the applicant until they seek a complete patent. The applicant has 12 months to file the complete specification. • Priority date: Filing a provisional application ensures that your priority date is guaranteed. This allows you to work on your innovation and file the complete specification. • Analyze the market: Filing a provisional application allows you to study the market and perform market research to confirm the invention's marketability. • Abandonment scope: If an inventor files a provisional specification and later decides that the product generated is not commercially feasible and chooses not to obtain a patent, the provisional specification can be readily abandoned. • Low cost: Filing a provisional application costs lesser than filing a complete patent application. • Generate income: The inventor can use the "Patent Pending" or "Patent Applied" tag once the provisional patent specification has been filed. When the principal business model is progressed, this tag will assist in receiving money as the invention's credibility grows.

what are the documents required for provisional application?

For filing provisional patent specification the following documents are required: • Form 1 (Application for granting patent) • Form 2 (provisional specifications) • Form 5 (Declaration of inventorship) • Form 26(Power of attorney) • E-filing fees (Statutory fee) • Form 3 (Corresponding declaration concerning foreign patent application) • Priority document (convention application if the priority date is affirmed) • Illustration/Diagrams of the invention.

What to keep in mind for filing a provisional application?

The provisional patent specification is the first step undertaken to get a patent. Prior to filing a complete patent specification, a Provisional Patent specification is filed. It defines the invention's scope. The owner of the patent should keep the following things in mind during filing a provisional application: • After filing a provisional patent specification the inventor should work on the fast accomplishment of the complete specification. • Within 12 months of filing the provisional patent specification, a complete patent specification should be submitted. • If the patent specification is not filed within 12 months, the patent application would be deemed abandoned. • Any new invention discovered after the filing of the provisional patent specification will not be considered. • The inventor can use the "Patent Pending" or "Patent Applied" tag after the provisional patent specification has been filed.

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