Provisional patent application can be filed before filing complete specification even before the invention has reached a final stage.
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. Hence, provisional specification are akin to draft specification filed mainly to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed by a competitor.
A provision specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, object of the invention and statement of the invention. In provisional specification, claims are not included. Claims are normally included only in the complete specification.
Advantages of Filing Provisional Patent
20 Year Validity
Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.
Global Patent Protection
A patent registration in India can be used as the basis for patent registration in other countries, if required. Foreigners and Foreign entities can also register a patent in India, if required.
Creation of Asset
Patent registration creates an intellectual property, which is an intangible asset for an organization. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.
Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
How we help with provisional patent registration
Our Patent Expert will prepare the provisional patent application for your business based on your requirements and information.
Once, the trademark application is prepared and signed by you, we can file it with the Patent Office electronically.
Once the patent application is filed with the Registrar, the Government processing will start.