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Patent Provisional Registration

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Patent Provisional Registration

Patent Provisional Registration

A Provisional Patent application is a step along the path to obtaining a patent. It is effective because, by filing a provisional patent application, a person can market his invention without concern of losing his patent rights, thereby securing funds for further patent operations and development. The provisional or complete specification is one of the most crucial legal documents when submitting a patent registration application. A provisional specification can be lodged alongside a patent application to increase the likelihood of obtaining patent registration if the applicant believes the invention has reached a stage where it can be disclosed on paper but has not yet reached its final stage.

The average time required to register a provisional patent application is between 15 and 20 working days, depending on government processing time and the submission of client documents. Make an appointment with an Legal Door Advisor to receive a free consultation regarding provisional patent application filing.

Types of Provisional Registration for Patents in India

  • Provisional application
  • Complete application
  • Convention application
  • International application under the Patent Cooperation Treaty
  • Application under the Patent Cooperation Treaty National Phase

A provisional patent is the form of patent that is typically filed early on in the development of an invention to secure the filing date. It requires less detail than a standard patent application. It is generally considered a preliminary phase in the patent application process.

Advantages of Patent Provisional Registration : 

Legal Protection
Global Patent Protection
20 year validity
Competitive Edge
Creation of Asset
Documents Required?

1. Form 2 (Provisional Specifications)

2. Form 5 ( Declaration of Inventorship)

3. Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary.

4. E-filing fees (Patent Statutory fee)

5. Form 3 (Corresponding foreign patent application statement and undertakings)

6. Priority Document ( This is used for convention applications if priority date is claimed).

7. Illustrations/Drawings of the invention.

FAQ

A Provisional Patent application is a step along the path to obtaining a patent. It is effective because, by filing a provisional patent application, a person can market his invention without concern of losing his patent rights, thereby securing funds for further patent operations and development.

A patent application may be submitted to the Indian Patent Office with either a complete specification or a provisional specification, as well as the fee outlined in schedule I. If the application is filed with a provisional specification, the complete specification must be filed within 12 months of the application filing date.

It takes 18 months to 5 years for patent registration depending upon the technology or details of the invention.