Provisional Patent Filing
A provisional patent is an application informing the corresponding authorities regarding the innovation and its ownership. It protects innovation and the applicant. This is filed for a short term with the patent office. According to the experts, it is a good idea to file provisional patents online to get an early filing or priority date.
The requisite patent filing date can be swiftly obtained with the use of provisional patent applications. Filing a provisional patent application online is a demanding process. The real patent application has to be filed with the patent office within 12 months from the date of filing a provisional patent application. Subsequently, the applicant will be protected by the patent despite another opposition party submitting an identical patent application post innovation.
Reasons for Filing Provisional Patent Application Online
Filing a provisional patent application online can come handy when an invention is certain but will likely require additional improvements that can be completed within a year. In this scenario it is a great opportunity to file a provisional patent application India It is essential to finish the innovation within a year so that the original invention detailed in the online provisional patent application can be used before it expires and so that the non-provisional patent can be submitted with enhancements. It basically provides time and protection for the applicant.
Things to Keep in Mind When You File Provisional Patent Online
Before filing a provisional patent make sure to get through all the requirements. Applicants should take the following factors into account.
An invention’s limitations are set down in a formal, legal document known as a patent. The filing of the entire patent specification results in no new parts being added between the patent specifications
Filing Provisional patent application online will nullify the effect of the latest innovation made after the date of the initial filing. The latest innovation will not be taken into consideration or will not be held legit. It will not have any form of advantages or legal support
In this case, the pattern will be completely abandoned if the original patent is not submitted within the time frame. As per the rules and regulations, the original patent has to be submitted within a year of filing a provisional patent
The patent will be abandoned if the entire specification is not submitted within the given time frame. Within a year of filing a Provisional Application online, a comprehensive description of the complete invention should be submitted.
Confidentiality will be maintained even after filing a provisional patent application, however, important disclosures must be made during the provisional specification stage because incomplete applications would negatively impact the applicant’s chances of moving forward in subsequent stages
To properly comprehend the innovation and its advantages, a foundational set of claims must be written
Differences Between Trademark, Copyrights and Patent
There are enough differences between trademark, copyright and a patent. Here is the table that shows all the difference for you to refer to:
| Trademark | Patent | Copyright |
What’s Protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
Requirements for Protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
Term of Protection | As long as the mark is used in commerce. | 20 years | Author’s lifespan +70 years. |
Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Apply for a Provisional Patent
Step 1: Complete the Invention Disclosure Statement
Filing a provisional patent application online is necessary to protect your invention. You must make sure that your application for a provisional patent is submitted by the appropriate date. This will stop someone from stealing your concept. As per our experts, it is mandatory to file a provisional patent application even if your invention is not completed or you are not yet prepared for a full non provisional patent.
The invention can thereafter be referred to as ‘patent pending. An idea is protected by filing a provisional patent application online while the inventor works to develop and enhance it. To finish the procedure, use these steps!
Describe how you answered the following IDF questions.
The issues you’re trying to explain
Existing issues and solutions for the same
Specifics of your invention’s technical specifications
The functionality of the technical features.
Step 2: Combining Your Inventions
This phase may take two to three iterations based on the situation.
Provide details about any alternatives to the indicated remedy
We seek new technical features on an IDF form
To educate the impression for originality examination and explanation rehearsal.
Step 3: Find Something Novel
It aids in the discovery of novel, distinctive technological traits. At KRB Finarch we inquire for globally available editions to see whether any published articles with similar or comparable technical details prevail.
Step 4: Writing the Provisional Patent Application Requirements
We move to create the innovation that particularly addresses it after the invention’s originality is confirmed.
Step 5: Documenting the Forms
Every form that is required for filing a provisional patent application online will be collected and submitted along with the patent specification. This is selected in light of the scenario.
Step 6: File Provisional Patent Online
Information Present in Provisional Patent India
The name of the new idea, concept, or technique
Provisional patent requirements and regulations (Note: A section on claims is not required in a provisional specification.)
What is the type of innovation? (Note: The definition of innovation should not be confined and limited)
The invention’s priority and purposes.
Document Required to File Provisional Patent Online
Different forms and documentation must be submitted with a temporary patent application. When filing a provisional patent, the following forms must be submitted.
Form 1: A patent request should be made using this form. It must be signed and submitted before six months of filing a provisional patent. The applicant must fill out this form completely before signing it, including all pertinent information and the names of the inventor, and the type of innovation.
Form 2: These forms’ specifications are provisional. The words ‘provisional patent’ must be written alongside the applicant’s name and job title. This format must also be used to describe the innovation.
Form 3: Submit comparable international patent applications
Form 5: This form contains the statement of inventorship
Form-26: A power of attorney for the patent agent has to be provided. Within six months of the application’s filing, it must be submitted.
Form-28: The innovation’s design, drawing, or sketch must be supplied with the same details (not required in the case of a process).
Advantages of Filing a Provisional Patent Application Online
The online provisional patent application provides multiple advantages when compared to the manual process. As the application for provisional patent process serves the first comers, it’s best to initiate the process online. One can reap the following advantages by opting for filing a provisional patent application online.
Cost-effective: The Act includes a provision for provisional patents to guarantee that the investor or innovator has time to gather the cash required to petition for a full patent or hire a patent agent. Compared to filing for a full patent, a provisional patent is substantially less expensive.
Twelve-month protection: When a provisional patent application is submitted and accepted, twelve-month protection is granted starting on the date of the initial filing. This guarantees that they have time to complete whatever is necessary before acquiring a full patent or can continue to develop their innovation.
Dates of the patent application: The filing date is important when attempting to obtain a patent. The previous application with an older filing date is provided a greater priority over the latest applicant.
After filing a provisional patent, investors and inventors may use the tag ‘Patent Pending’ to assess the commercial potential of their unique design or approach. If a holder of a provisional patent in India decides not to pursue a full patent any longer, they may do so without worrying about the accompanying costs.
Parts of a Provisional Patent Specification in India
The provisional patent specification in India generally consists of the following parts:
Title: A clear and concise title that reflects the nature of the invention
Field of the Invention: A brief description of the technical field in which the invention falls
Background of the Invention: A summary of the prior art, which includes any existing inventions or literature that relate to the invention in question
Summary of the Invention: A brief description of the invention, its purpose, and its unique features
Brief Description of the Drawings: A clear description of any additional sketches or images that were submitted with the patent application
Detailed Description of the Invention: A detailed description of the invention, including how it is made, how it works, and how it can be used. This section should also include any variations or modifications to the invention
Claims: The claims section defines the scope of the invention and is typically the most important section of the patent application. Claims are written in a legal format and define the precise features or elements that make the invention novel and patentable.
Mistakes to Avoid in Provisional Application
Here are some common mistakes to avoid while drafting a provisional patent application:
Insufficient Description: The provisional patent application must provide a detailed and clear description of the invention. Failing to do so can lead to a rejection of the application.
Incomplete Drawings: A provisional patent application must include drawings if they are required to comprehend the innovation. Drawings are a mandatory component of the application. A poor application can result from incomplete or incorrect designs.
Incorrect Filing: The provisional patent application must be filed correctly and within the specified time limit. Any errors in the filing process can result in the application being rejected.
Lack Of Clarity: The provisional patent application must be written in clear and concise language. Using vague or ambiguous language can lead to confusion and ultimately a rejected application.
Missing Parts: All required parts of the provisional patent application, such as the title of the invention, field of the invention, and summary of the invention, must be included. Omitting any necessary parts can result in a rejection of the application.
Lack of Support: The provisional patent application must have sufficient support to meet the requirements of the Patent Act. Failing to do so can lead to a rejection of the application.