A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development and further patent operations. One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage.
The average time taken to file a provisional patent application is about 15 – 20 working days, subject to government processing time and client document submission. Get a free consultation on provisional patent application filing
As a patent can be so crucial in maintaining a business advantage, many inventors/businesses 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.
Advantages of Provisional Patent
Minimal Information Needed
Even if your invention is at a conceptual stage, all you need is to specify the title, indicate the field of your invention, its nature and potential uses to file a provisional specification.
Established Right Early
The provisional patent enables you to book your name against your invention even before it is final. The patent is awarded to the person who files it first, rather than the person who invents it first.
Assess Market Potential
The provisional specification helps you can assess the market potential of your invention before taking the final plunge and filing a complete specification.
Components of Provisional Patent Specification
The Provisional Specification is broadly explained under two topics, i.e. ‘Title’ which should fairly capture features of the invention and should be short and to the point. Further ‘Description’ which begins with the Preamble and contains the field and object of invention
Documents To Be Submitted
Form 1 ( Application for grant of patent)
Form 2 (Provisional Specifications)
Form 5 ( Declaration of Inventorship)
Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary.
E-filing fees (Patent Statutory fee)
Form 3 (Corresponding foreign patent application statement and undertakings)
Priority Document ( This is used for convention applications if priority date is claimed).
Illustrations/Drawings of the invention.