Provisional Patent
A provisional patent is cost- effective, temporary application that secures the priority date for an invention, offering inventors a 12- month window to develop and refine their idea before filing a complete patent. It protects intellectual property during early stages, making it ideal for startups, businesses, and individuals exploring commercial potential. This process ensures confidentiality, establishes ownership, and provides flexibility, for innovation without immediate financial or technical burdens.
What is a provisional patent
A provisional patent is not a patent in itself but a preliminary application that establishes an early filing date for your invention. It provides a 12 – month window to securing your invention’s priority in the patent registry. This type of application is especially useful for innovators in the early stages of development, as it requires less formal documentation and costs less compared to a full patent. It also ensures confidentiality and provides flexibility to refine the invention or test its commercial viability.
Why File a Provisional Patent in India
India’s patent system operates on a “first to file” basis, meaning the first person to file a patent application for an invention is considered its rightful owner. Filing a provisional patent ensures:
- Priority Date Protection:It locks in the date of your invention, safeguarding it from competitors.
- Cost – Effectiveness:A provisional application is less expensive and requires fewer formalities compared to a complete application.
- Confidentiality:Details of the invention remain confidential until the complete application is filed.
- Flexibility:It allows time to refine the invention or explore its commercial potential.
- Establishes an early filing date
- Having time for development
- Cost effective option
- Attract inventors and collaborator
- Novelty:The invention must be new.
- Non-obviousness: It should not be an obvious improvement over existing invention.
- Utility:It should be useful.
- Draft a Provisional Application:Include a detailed description, drawings (if applicable), and the invention’s functionality
- . File with the patent office:Submit the application online with the required fee
- Receive “patent pending” status: Instantly upon filing, providing some level of protection.
- Convert to Non- provisional Application:File a complete specification (non- provisional ) within 12 months to retain the early priority date.
- Public Disclosures Grace period: There is a new grace period under section 31. Applicants must declare public disclosures of their invention within 12 months from the date of disclosure via form 31
- Renewal Fee Discount: A 10% reduction in renewal fees is available when paid in advance for at least four years. This encourages proactive renewal and timely maintenance of patents
- How long does a provisional patent last?
A provisional patent provides temporary protection for a period of 12 months from the filing date. Within this timeframe, inventors must file a complete patent application to maintain priority rights and convert the provisional application into a complete patent application - Can I apply for an international patent after getting a
provisional patent?
Yes, under the Paris Convention or the Patent Cooperation Treaty (PCT), inventors can file corresponding patent applications in other countries based on a provisional patent application India filed in India. This provides inventors with a streamlined and cost-effective approach to seeking international patent protection for their innovations, extending the reach and scope of their intellectual property rights. - Can I claim priority from a provisional patent application?
Yes, the filing date of the provisional application is considered the priority date, and it can be used to claim priority in other countries as well. - Can I file a provisional application for any type of invention?
You can file a provisional application for most types of inventions, but it should meet the basic requirements of novelty, inventiveness, and industrial applicability. - What are the key contents of a provisional patent application?
Title of the invention
Description of the invention (without claims)
Drawings, if any, to explain the invention.
Benefits of provisional patent application
Limitation of a provisional patent
A provisional patent application offers temporary protection for 12 months but does not grant patent right, enforceability, or legal protection. It must be followed by a non-provisional application within the 12- month period to maintain the filing date and pursue a granted patent.
Types of Provisional Patent
Steps to File a Provisional Patent in India
Filing a provisional patent involves several steps. Here’s a general guide:
Recent Updates on Provisional Patent Application
Application now has more flexibility in submitting responses, with the timeline for submitting statements or evidence in response to pre- grant opposition reduced to two months instead of previous three months.
DOCUMENTS REQUIRED FOR PROVISIONAL PATENT APPLICATION IN INDIA
FORM 1: APPLICATION OF FORM FOR GRANT PATENT
This form is used for application for grant of patent. It must be signed and submitted within 6 months of the filing of the basic application. All the relevant information in this form such as the name of the inventor, type of invention etc. needs to be filled and the applicant must sign at the end of the form.
FORM 2: PROVISIONAL SPECIFICATION
This form will contain provisional specifications. You must write ‘PROVISIONAL SPECIFICATION’ and mention the title, name of the applicant. Also, in this form you must give a description of the invention.
FORM 3: STATEMENT AND UNDERTAKING UNDER SECTION 8
A form used for corresponding foreign patent application (only required if there is a foreign patent application).
FORM 4: DECLARATION
It is the declaration of inventorship.
FORM 26: POWER OF ATTORNEY (IF APPLICABLE)
If the applicant is represented by a patent agent or attorney, this form is required to authorize the agent to act on the applicant's behalf.
FORM-28:
A form to claim as a small entity (only if required). – Submission of the
drawing/illustration/design of the invention (not required in the case of
a process). – E-filing fee.
All these have to be submitted in accordance with The Patent
Rules (2003). All forms are available for download on the patent office
website.
Conclusion:
A provisional patent offers inventors a cost-effective way to secure an early filing date, providing temporary protection while refining their invention. It is a valuable first step toward full patent protection, helping inventors navigate the patent process with confidence.
