Patent is the procedure by which the government grants property rights to the inventor that devised a product, a process, a design or an invention. The inventor will be having exclusive rights over whatever is patented, for a stipulated period. Patent denies others from making, using or selling the invention or product. Patent specifications are of two types
Provisional patent, as the name suggests, is an interim arrangement. It is the initial step to patent registration. It requires a specific period of time before you finally get your product/ process/ design patented. It is very crucial to ensure that all possibilities of appropriation stand eliminated, in the meantime. Provisional patent grants essential protection. Provisional patent can be obtained even if your invention is in research and development phase.
Of course, provisional patent is not as secure as complete patent. It has limitations. For example, the time period stipulated for protection in provisional patent is not as elaborate as the one that complete patent offers. It might take a while before one can pursue complete patent; provisional patent offers protection in the intervening period.
Following are the details to be furnished while applying for provisional patent:
The first and foremost advantage of provisional patent is that it provides interim protection. You don’t have to worry about the patency of your product even though it happens to be in the research and development phase. Provisional patent is valid for 12 months. You can improvise or modify your invention in the meantime.
Cost-effectiveness is another advantage of provisional patent. Compared to a complete patent, provisional patent is totally cost-efficient. If monetary concern is what refrains you from patenting your invention, you are always free to choose Provisional Patent.
Patent filing date plays a major role in preserving your patent rights. If two similar applications contest for patent registration, priority is always given to the one with an earlier filing date. If you go for provisional patent, when it comes to complete patent, your date of patent registration will always be that of the provisional patent registration. This gives your invention upper hand if at all there is going to be a similar patent request.
Patent Pending Tag is yet another advantage. If you want to commercialize your invention before Complete Patent, you can do so under the label of ‘patent pending’, which imparts authority to your invention. Also, if at all you decide at one point that you do not want to go for the patent registration of your invention, if it is provisionally patented, your decision will not involve too much of financial loss since provisional patent is rather cheap. Imagine considering the same decision after doing complete patent! You will be losing a considerable amount of money.
Form-1 is the application for a patent. All relevant information including the name of the inventor, type of invention etc. needs to be furnished in Form-1
Form-2 contains provisional specifications. This is where you provide the detailed description of the invention.
Form-3 corresponds to foreign patent applications.
Form-5 furnishes the declaration of inventorship.
Form-26 is required only if you are filing your application via a patent agent. This form announces the power of attorney to authorise the patent agent. Form-26 requires to be submitted within six months of filing the application.
Form-28: A form to claim as a small entity (only if required). – Submission of the drawing/illustration/design of the invention (not required in the case of a process). – E-filing fee