An inventor may want to Patent the invention even before the invention is finalised. Such protection can be granted by the way of a provisional Patent, which helps the inventor establish the earliest ownership over the invention on submission of the provisional specifications of the product or process. The inventor gets a time period of 12 months to finalise the invention and submit the documents for permanent Patent.
The primary benefit of a provisional Patent is that it enables the inventor to ‘book’ the invention before its final steps. As the Patent is granted to the person who files the Patent application first, rather than to someone who invents the product or process, a provisional Patent protects the interest of an inventor and provides a basic understanding of the market potential of the invention.
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Documents needed for filing a Provisional Patent
- Title of the invention.
- Description of the invention.
- ID proof of the inventor, like the Aadhar card, Voter ID card, passport or driving license.
- Proof of Nationality of the inventor, like the Aadhar card, Voter ID card, passport or driving license.
Process to get a Provisional Patent in India
A provisional Patent application is filed with the Patent Registrar, along with the requisite documents and information about the Patent. After receiving the patent application, the Registrar approves the application and the inventor can start using the ‘Patent Pending’ mark on the product for the next 12 months.
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