Provisional Patent

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.

Get A Provisional Patent For Your Invention

Documents needed for filing a Provisional Patent

  1. Title of the invention.
  2. Description of the invention.
  3. ID proof of the inventor, like the Aadhar card, Voter ID card, passport or driving license.
  4. 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.

FAQs

What is a Patent?
A Patent is a legal right or license granted to an inventor as the exclusive right to produce, use or sell the invention for a specified number of years in the market.
What can be Patented?
Any new invention which is novel, has an inventive step and is capable of industrial application can be patented. It can be a process for manufacturing, software for technology, food, chemical and drugs-related Patent.
Who can apply for a Patent?
A patent can be applied either by first inventor or his assignee, either individually or jointly with any other person.
How long does a provisional Patent application take?
A provisional Patent application can be filed within 7 working days, subject to government processing.
What is the validity of provisional Patent?
A provisional Patent in India is valid for 1 year, after which the documents for a permanent patents need to be filed
What is the difference b/w provisional and permanent Patent?
Provisional patent is applied before the invention finalised and is valid for just 12 months. A permanent Patent is filed after the invention is completed to get a more extended and complete protection.
Why is provisional Patent important?
The provisional Patent enables the inventor to register their name against the invention even before it is finalised. It prevents any chance of someone patenting your invention in their name before you get the final Patent.
Can I get permanent Patent before provisional Patent?
Yes , you can get a permanent Patent rather than a provisional Patent first, if you have completed the technical specification of your invention
What if I don’t file permanent Patent within 1 year?
If you do not file the documents for permanent Patent within 12 months of provisional Patent, your provisional Patent application will become null and void.
Do I need to physically present for the process?
No, You don’t need to be physically present for the process, Legistify is an online platform and we can get the work done online anywhere in India.