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Provisional Patent

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Get Provisional Patent filing starting from ₹ 12000/-
  • For protecting your inventions
  • Avoid Infringement
  • Simple and Secure Online Process
  • Dedicated Professional
  • Hassle-Free Process
  • Get Registration in 4-5 days

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Introduction

Patent is a right provided to an individual whether natural or artificial by the government through the Patent Act which restricts otherspersons from using/selling/ importing the patented product or process without prior approval of the inventor.

The first step of Patent protection is Patent filing where an inventor protect his/her invention nd ideas from being misrepresented by the any other person. Under Patent Act, 1970 patent can be protected by filing patent application either with provisional specification or with complete specification.Following the description of permanent specification.

A Provisional Patent application is aninterim step for obtaining a patent. It is an effective step because a person can market the said invention without any fear of losing his/her patent right procuring the cash in order to proceed with development and other patent operations. For increasing the chances of obtaining patent registration, a provision specification can be filed along with the patent application if the applicant/inventor feels that the said invention has reached a stage wherein it can be disclosed on paper but has not attained its final stage.
Advantages
Firm Registration

Advantages of Provisional Patent

Provides exclusive right even at early filing

As soon as application is filed by the inventor i.e. either the Provisional Patent Application as it grants security and surety.

Authorizes complete freedom of reforms

The patent granted to the inventor offers the complete freedom to use their own ideas for the valid duration for 20 years in India.

Generating ROI (Return on Investment)

The Patent can also be assigned If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can do so. The patent rights allows to commercialize the invention thereby earning a good return on investments.

Giving a good market status

The patent Act allows the inventor to create a public impression and improving his/her portfolio by bringing the invention in the public domain. Further it also helps in building the reputation in the market along with the good customers relationship which helps in earning profits.

Allows public disclosure

Sharing the information publically not only builds up the inventors portfolio but also increases the company’s funds, business partners, and market value and making the invention available in public.
Requirements
Firm Registration

Minimum Requirements

  • Patentable subject matter which is decided in accordance with section 3 or 4 of the Patent Act List
  • The step taken for registration must be an inventive step not is an obvious to a person skilled in the same filed to which such invention relates;Open in WP Editor
  • Novelty which means it should be new invention with no same or similar prior arts.& it should not have been published in a public domain
  • The invention must have a practical utility which means it should be capable of being applied in any industry.Open in WP Editor
Requirements
Firm Registration

Documents Required For Provisional Patent

  • ID and Address Proof of Applicant and Inventor
  • Claims of The Invention
  • Title of the Invention;
  • Technical aspects of the Invention and drawing copies in case provisional specification is filed;
  • Description of the Invention
  • Certificate of incorporation/MSME or Startup registration Certificate(other than individual)
Process
Firm Registration

Process of Provisional Patent

1. Complete the Questionnaire

We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of Patent.
Direction Arrows
Step 01

2. Requirement of Documents

Basic documents as stated in the above paragraph in accordance with the questionnaire provided are required along with an authorization letter which is to be signed by you. This process may take up to 1-2 working days.
Step 02

3. Conducting Patent Search

After receipt of documents we will conduct a Search for patentability of the invention on the basis of which your application will be drafted.
Step 03

4. Drafting of Patent Application

On the basis of information received our experts will draft the application for you with complete specification including the claims and along with the other necessary information and same will be filed to the Patent Office in India.
Step 04

5. Patent Submission

After the said submission it will be published in the official journal and after the said publication examination is requested and the Patent is granted post satisfaction of the examiner.
Step 05
Provisional
Firm Registration

Get Provisional Patent filing starting from ₹ 12000/-

  • Patent Search
  • Drafting of Application
  • Professional Consultation
  • Filing of Application
Faq's
Firm Registration

FAQs on Provisional Patent

What is provisional specification?

A Provisional Patent application is an interim step for obtaining a patent. It is an effective step because a person can market the said invention without any fear of losing his/her patent right procuring the cash in order to proceed with development and other patent operations.

How is Provisional specification is filed?

It can be filed with an Indian Patent Office either with complete specification or provisional specification along with fee as mentioned in schedule I. In case the provisional specification application is filled then complete specification is to be filed within 12 months from the date of filing of the application.

Why should one patent the invention?

In order to possess exclusive rights over the invention it is necessary to patent the invention. If the same is not protected under the law it can be exploited commercially and hence in order to restrict someone from misusing the same patent is required.

Are there any additional charges for adding more than 10 claims in the patent application?

Yes, in case the claims in the permanent application is extended for more than 10 in number, an additional fee would be levied in accordance with the fee structure table given under the first schedule of the Patent Act 1970.

Is the Patent registered in India is valid outside India?

No it is not valid outside India as No patent is global.

Are there any benefits if I hold a MSME certificate for my entity, or only certification of start-up India endows me with rebated fees ?

Both the certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.

When does the patent expires?
  • When terms of 20 years is fully completed;
  • when the patentee fails to pay the annual renewal fees ;
  • when the validity has been successfully challenged by an opponent by filing an opposition;
  • when patent has been revoked.
What is the difference between Provisional patent and permanent patent registration?

Provisional Patent Application(Form-2) is a type of interim application filed for securing the patent at initial level which secures your idea and concept of working whereas the final patent registration is done with complete specification and after the whole process is complete.

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