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August 29, 2018 Registrationwala

How to apply or file for a provisional patent online in India?

Patent

How to apply or file for a provisional patent online in India?

So, have you come up with an invention and it is almost complete? But, you are afraid that the development that you have done till now might be stolen? Do not worry! If your idea is unique enough, you can know the method of how to apply or file for a provisional patent online in India.

Applying for your invention to be given a provisional protection is going to make sure that whatever you have developed till now is protected under the patent laws of the country.

So without further to do, let us dive in to what it takes for file for patent registration when your specifications are yet complete.

Provisional Patent filing: what is it?

Now, if we refer to section 9 of the 1970 patent Act of India, there are two types of patent specifications that exist:

  1. Provisional filing: You choose this specification if your invention is yet to complete
  2. Complete Filing: as the name suggest, you choose this specification when your invention is complete are ready for deployment as well.

We believe that an example is something that can be looked into to get a better understanding about the provisional nature of the patent:

Suppose you are developing a cure for cancer. You have combined the initial chemicals, measured all the necessities that you need and have noted down the reactions. Now, the reactions are desirable and you want to make sure that the development and the result of the reactions of the cure up to this point is safe.

You file the provisional patent to safeguard the cure development up to this point.

Now, once you have filed a provisional application, you have exactly 12 months to file a complete specification. Within this time period, you can file the provisional patent app how many times as you want.

This way, your invention is not only protected at the end stage, but also at the development stages.

This is the value and the definition of provisional patent filing.

What is the process of filing a provisional patent application online?

Now, the conventional way to file any sort of IP application online is as follows:

  1. Gather the required documents
  2. Fill the online application
  3. Submit the online application.

The latter two points are easy to understand. The typical point is the former one that required you gather all the essential documents for the procedure. To that end, let us discuss the documents that are required here:

  1. Form 1: This is the application that you submit to grant you the patent.
  2. Form 2: Now, as your specifications are of provisional nature. This is the form that is required to fill in those specifications.
  3. Form 5: it is referred to as declaration of Inventorship. A document that declares that you are in fact the inventor.
  4. Form 26: It refers to the power of attorney. You require this form if you are be4ing aided through the filing process by a patent agent or a patent attorney.
  5. Form 3: It is a declaration form that entails you declaring that you are going to inform the administration of the country if you apply for patent registration in foreign countries as well.
  6. Diagrams and illustrations of your invention

A provisional patent filing is the one that is considered the best in case your invention is still at its development stages. However, only apply it if you are fully confident that you are going to come up with a complete specification within 12 months following the provisional filing. If not, you would have wasted a lot of time.

Also get to know the Difference between the Provisional and Non-Provisional Patent

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