What is Provisional Patent??

As a patent can be so crucial in maintaining a business advantage, many My business Filings wish to patent their inventions even before they are finalised. This is possible through a provisional patent, which helps the inventor establish earliest ownership over the invention on submission of the provisional specifications of the product or process.

As India follows the first-to-file system, this would ensure that the holder of the provisional patent would also be granted the permanent patent. The documents for the permanent patent would, however, have to be filed within 12 months or else the application would be abandoned entirely.

Many inventors/businesses wish to patent their inventions even before they are finalised.

  • Examine Details
      We will examine all the possible details, including potential uses of the invention across industries and likely benefits over existing products.
  • Drafting of Application
      A professional, our affiliate, will take up your request and draft the application based on the details you send in./li>
  • Filing of Application
      The drafted document will be filed with the Registrar and, on acceptance, you would be able to use 'Patent Pending' on your product any time over the next year.

6 Essential Facts on Provisional Patent

A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.

20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.

The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.

A patentee must disclose the invension in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

Need Our Help?

Need Our Help?

Have a finance problem? Reach to us to get free advisor from our finance experts today.

Contact Now
Vellore,Tamil Nadu
Monday to Saturday
Call Us : (+91) 96299-29981