Provisional Patent

Patent Registration is a Government approved exclusive ownership right and permit of use granted to a technical innovation/idea. This approval is provided based on Patent Act 1970 and Patent Rules 1972 so that the registered Patent gets its legal value and security. To make this registration process simple for you, we’ve our reliable and assured result based patent Registration Package. Go through its details and know how it works THE BEST.

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What is Provisional Patent ?

Patent Registration is a procedure of legal ownership and right to protect an authentic technical idea or innovative work from ANY kind of unpermitted use. There are two ways, as per Section 9 of the Indian Patent Act 1970, in which an applicant can file for Patent Registration:

  • Provisional Patent Specification
  • Complete Patent Specifications (Non-Provisional based on USPTO)

We’re going to discuss the Provisional Patent Registration in this article. In this type of application, details about the innovation are furnished giving its significant features without complete explanations. Provisional Patent Registration is an essential part of Patent Registration for these Key Features:

  • It is the beginning approval based on which Complete Patent Registration is verified and approved.
  • NO new part(s)/fresh innovation(s) developed in the 12 months time allotted between Provisional Registration and Complete Registration is allowed for Complete Registration along with the item submitted for Provisional Registration. That is, ONLY the data provided as item specification in the Provisional Registration is accepted for Complete Patent Registration.
  • NO information of item specification of Provisional Patent Registration is published ANYWHERE.

Note: These categories of original works are not eligible for Patent Registration:

  1. ANY scientific theory or mathematical method
  2. ANY aesthetic creation, literary, dramatic, artistic work or a computer programme
  3. ANY scheme or performance of mental act with NO utility

Procedure of Provisional Patent Registration

These forms should be submitted for Provisional Patent Registration:

  • Form 1: This Form should be submitted by filling ALL the required information and duly signed to obtain Patent Approval within 6 months of Basic Application.
  • Form 2: This Form should be filled with required details of the item submitted for Provisional Patent Registration.
  • Form 3: This is the Form required for Foreign Patent Application (ONLY)
  • Form 5: This Form is the Declaration of Inventorship
  • Form 26: This Form confirms the Power of Attorney provided to the Patent Agent assigned for submitting Patent Registration for the said item
  • Form 28: This Form is OPTIONAL for the small entity to provide related drawing/illustration/design of the item submitted for Patent Registration. It is to be filled to submit Online Processing Fee for Patent Registration

Documents Required for Provisional Patent Registration

  • Title of Innovation
  • Applicant’s details, such as, Name, Address, Nationality and ID proofs
  • Details of Innovation, for which the applicant is applying for
  • Associated technical details and related drawings

Benefits of Provisional Patent Registration

  • Receives the priority date of filing for Complete Patent Registration as per the approval of Provisional Registration
  • Lower Processing Fee required for such Registration
  • Time gap of 12 months between Provisional and Complete Patent Registration for deeper survey to evaluate the actual market value/originality of the Innovation
  • Scope of Applicant to abandon Complete Patent Registration in case, the applicant finds the innovation NOT to be commercially profitable to market
  • Provision to use ‘Patent Pending’ or ‘Patent Applied’ tag with the said Innovation to ensure its legal validity and prospect. Moreover, it gives scope of raising funds for actual implementation of the implementation in ANY business

Guarantee of Secrecy, as this type or Registration does not include Official Publication for advertisement/verification of ANY objection(s)

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