Provisional Patent Application

PROVISIONAL PATENT

DEFINITION

A provisional patent is an application that is filed to maintain a patent pending status. Such a status can only be optioned/sustained for 12 months. In these 12 months, an individual can find manufacturers/sell goods or products. One can also get the essential prototypes developed for further upcoming applications. The actual patent has to be filed 12 months from the date of getting the provisional patent. A provisional patent also protects an inventor from stopping/protecting their invention from anybody else who files for a similar patent in these 12 months.  A provisional patent is faster, affordable and the application process is not too complicated.

A provisional patent helps an inventor to book his or her name against their invention even before the patent is final. Our team of patent experts at ACE ALLIANCE will check out all the details such as the potential uses of your invention across multiple industries. Our team will also make a list of the likely benefits your invention has over similar products in the market. Then a patent expert at ACE ALLIANCE will help you draft the application which will be filed with the Learned Registrar. Once your application has been accepted, you will be allowed to use the term “Patent Pending” on your product over the next 12 months.

BENEFITS OF A PROVISIONAL PATENT

1) MINIMUM INFOMARTION REQUIRED AT TIME OF FILING

A provisional patent application doesn’t require too much information at time of filing. It just requires the title/the designated fields of use of this invention/ the nature of the invention/ the uses

2) SECURES ONE’S PATENT RIGHTS

A provisional patent permits an inventor to book his or her name against an invention, even before it is final. A patent is always granted to the person who files it first, not the person who discovers it first.

3) HELPS ASSESS MARKET POTENTIAL

A provisional patent specification helps an inventor, in researching the market potential of his or her invention before taking the final decision to file for a complete specification.

USE OF PROVISIONAL PATENT

A provisional patent can be utilized when an invention is totally definite, but may require further improvements that can be completed within 12 months. An inventor has to finish these improvements within 12 months, so that the non-provisional can be filed with the improvements during the pending provisional patent, prior to the subject of the original invention, described in the provisional patent, can be taken before the term ends.

PROVISIONAL PATENT FILING PROCESS

• INVENTION DISCLOSURE FORM (IDF) PREPARATION: This form provides answers to the questions stated in the IDF that covers the issues the inventor is trying to explain. It gives solutions to the problems, explains the technical features of the invention, the functionality of the invention. It also gives alternatives to the proposed solutions.
• INVENTION CONSOLIDATION: This step includes 2-3 alterations/iterations to consolidate the invention for novelty search. This also helps with specification preparation
• NOVELTY SEARCH: This step helps an inventor identify new technical features that are unique. Our team of patent experts at ACE ALLIANCE will search for documents across the world to identify if something similar has been published or there has been something patented with similar technical features
• PATENT SPECIFICATION PREPARATION: Once the novelty of the invention is verified, our team at ACE ALLIANCE will move ahead to prepare the patent specification based on the findings. A patent specification is a techno-legal document which determines the strength of the prospective patent be granted.
• FORM PREPARATION: Our team at ACE ALLIANCE will keep ready all the required forms to be submitted along with the patent specification.
• FILING THE PATENT APPLICATION: Once everything is ready, our team at ACE ALLIANCE will go ahead and apply for this application. Subsequently, the patent application number will be shared by the Patent office.

PROCESS TO WRITE A PROVISIONAL PATENT APPLICATION

• A written and accurate description of the said invention
• The drawings or painted figures that promote the said invention
• The corresponding text that gives a description of the drawings or figures
• The inventor’s name and contact details
• The provisional application for the patent cover sheet.
• Download forms such as Form 1 and Form 2 from the Indian patent office website.
• In Form 2 one has to write ‘Provisional Specification’, title, and the said applicant’s name
• One should use a readable typeface and fonts.
• A detailed representation of how this said invention addresses a problem
• One example of the invention’s intended use.
• One should use numerals instead of spelling out numbers.
• One should review and compare existing patents

A provisional patent application is not legally binding, and it does not patent an invention. But, it provides the inventor a period of 12 months from the filing date to file forms and make payments, that are essential to make the non-provisional patent a reality. Throughout this period, an invention stays in the “patent pending” status category.

REQUIREMENTS FOR PROVISIONAL PATENT APPLICATION

• A written description of the invention
• All necessary illustrations of the invention
• The names of the inventor/inventors
• The filing fee
• The cover sheet/electronic filing, identifying the invention
• The address of the inventor/inventors
• The title of the invention
• The name and registration number of the patent attorney/agent/docket number if that is applicable

An individual cannot patent an idea. This practice is against the law. Patents are only given for things/processes/compositions/machines/manufactured articles/inventions, etc. An abstract idea or theory cannot be patented.

COST OF A PROVISIONAL CERTIFICATE

The cost of filing a patent in India is INR 1750 for an individual, the request for examination is INR 4400. Online filing costs INR 1600.