Patent  Provisional Registration in India

Patent  Provisional Registration

Patent is a license or permit authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner.

A patent is usually granted to an inventor to protect its invention. An invention implies a new product or process involving creativity and applied to or capable of industrial application.

Patent applications are of the following types:

·         Provisional application

·         Complete application

·         Convention application

·         Patent Cooperation Treaty (PCT) – International application

·         Patent Cooperation Treaty – National Phase application

A provisional patent is the type of patent that is usually applied in the early stages of an invention to secure the date of filing. It requires fewer specifications than a regular patent application. It is typically considered as a preliminary step to complete patent application.

A provisional patent lasts for 12 months only; within which a complete patent application must be filed to avoid abandoning the application else the invention becomes non-patentable. If complete application is granted patent then the date of filing will be considered of the provisional application.

A provisional application has its own benefits such as:

Low cost of fees

Establishing an early date of filing before the complete application is filed

Extension of patent term by one year

Confidentiality of the application is maintained before it is published

Evaluation of commercial benefit of the patent

Requirements for filing a provisional patent application

When a prospect finds that the invention is at a stage where it can be disclosed on paper but has not reached its finale and does not have all its specifications, it can apply for provisional patent.

Eligibility Criteria for Patent  Provisional Registration in India

A patent is granted to an invention if it meets the following criteria:

• Novelty: The invention has to be new and cannot be a part of prior state of work, implying that it must not have been published, presented or revealed publicly.
• Inventiveness: This is a feature of invention that involves the advancement of the existing knowledge or state or work that is strikingly evident to any person.
• Utility: An invention must be applied to or applicable in industrial process.

Therefore, an invention that can be manufactured, used and reproduced is granted patentability.

Documents Required for Patent  Provisional Registration in India

In regard to Patent Provisional Registration following documents are need

• Title
• Purpose
• Description of drawings
• Components, claims, etc.
• Use of the invention
• Working of the invention
• Use of components
• Advantages
• Drawings, sketches, diagrams, etc., related to the patent
• Filing fees

Process for Patent Provisional Registration in India

• A patent search is the most important step. All inventions are not patentable. Check if the patent meets all the criteria of patentability and whether it can be a patent or not.
• File a patenta application form either by self or with the help of a professional if the invention can be patented.
• File the supporting documents with complete details of the invention such as:
• Area and nature of the invention
• Invention description
• Working of the invention
• Advantages
• Drawings, plans, diagrams, sketches, etc. of the invention
• After filing for a patent with complete specifications, the application is published after 18 months of first filing. An early request for publication can be made with prescribed fees to make the publication of application as early as one month from the date of filing for early publication.
• An examination of the application is carried out after a request for examination is filed.
• The examiner checks for the patent eligibility and if the criteria are met such as novelty, inventiveness, utility, etc.
• The examiner creates a report called patent prosecution and submits to the controller. Everything that happens before the grant of patent is called patent prosecution.
• The controller checks the report for any objections and gives the applicant extended time to analyze and correct the objections.
• The applicant has the chance to prove his novelty and create a strong satisfactory report to resolve the objections.
• Once the objections are resolved, the patent is granted to the applicant and published in the patent journal.

Our Assistance to file the Patent  Provisional Registration in India 

We, at Registrationwala provide end to end solutions for Patent  Provisional Registration  . Our services include:

·         Collection of information and starting the process

·         Drafting the application and proposal

·         Reviewing the draft of proposal and application

·         Filing the patent registration application.

·         Providing end to end assistance when it comes to follow up.

Registrationwala.com is a leading legal consultancy firm providing the comprehensive services relating to patent provisional registration in India. Contact us to patent your inventions today.