A provisional patent application is a prerequisite for acquiring a sort of temporary protection before submitting a genuine patent. In India, a provisional patent application may be filed without formal patent claims.
If your invention is valuable then it is better to patent your invention to protect it from infringements. A patent is a perfect way to secure your inventions and get intellectual property protected.
A provisional patent can be sustained for a period of 12 months, and it can help those seeking for manufacturing and selling of goods or products in that period of time. However, an actual patent application should be filed within the 12 months. It will be treated as having applied on the date, the provisional patent was furnished.
Although it is not mandatory to get a provisional patent, it is primarily suggested because it has many benefits for inventors. It gives you right over your invention before the actual patent certification.
Often a provisional patent application is furnished to secure an idea while the inventor tries to improve and develop the invention.
To prevent others from stealing your ideas, it is better to file patent applications. Even if you aren’t ready for the permanent patent, you can file provisional patent application. Often a provisional application is filed to claim the benefit of interim protection for invention.
Follow these procedures to furnish the application in India.
You have to provide answers to the questions asked in the IDF that includes the following:
The furnished IDF (Invention Disclosure Form) form is reviewed to point out new technical features. This step may take 2-3 iterations to get the invention integrated for novelty search and specific preparation.
Novelty search helps you to identify new and unique technical features. We look for accessible documents to identify if there is any similar document published worldwide. It could be the same or identical to your technical features.
After the verification of novelty, we proceed further to prepare patent specifications based on novelty search. It is a techno-legal document. It determines the strength of the patent being registered.
After preparation of all the documents, we proceed ahead to furnish patent applications along with the filing fees. Consequently, an application number will be provided by the Patent office.
The requirements for the provisional patent application:
Frequently, a provisional patent application is filed to protect an idea while the inventor attempts to refine and develop the invention.
IDF (Invention Disclosure Form) is used for the documentation of the invention. It describes the inventor's ideas or thoughts of their invention. It is used by the attorneys or examiner to determine the invention’s eligibility that being registered.
As per the Patent laws, only inventions can be patented.
Yes, one can sell their provisional patent rights of his/her invention by executing an application to transfer the ownership to another party.
A provisional patent can be sustained for a period of 12 months, and it can help those seeking for manufacturing and selling of goods or products in that period of time. The inventors must file a Permanent patent application within that period of time.
The provisional patent lasts for 12 months from the filing date.
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