A Provisional Patent Filing is used to protect the idea of the inventor for one year. It usually refers to the filing of a provisional application to get the legal rights of the invention. The provisional filing establishes an early filing date. Although, it does not convert into an issued patent unless one files a non-provisional application. There is a time period of 12 months given to the applicant to convert the provisional filing into a complete one. It is the cheapest and fastest way of getting protection for your invention.
Provisional Patent Filing: Key Points
Basics of provisional patent filing:
A Provisional patent filing is an intricate document that needs to be clear and simple to understand. It allows the formal filing of the invention without any claims. Some of the key points regarding it are:
- Provisional patent filing is a preliminary application before usual patent filing.
- It is simpler and more concise than a complete patent filing as it explains the invention in a broad manner but not completely.
- The provisional filing frequently takes fewer pages to describe the product’s design. Basically, it is a short term means of protecting the invention.
- Filing provisional patent helps in saving a filing date for a complete application. Although it is not mandatory, it is highly recommended as it has a lot of benefits for the inventor.
Benefits of provisional patent filing:
There are few benefits of filing the provisional patent. The key benefit is the ability to test the invention without the risk of theft. There are some more benefits to it. They are as follows:
- Firstly, the applicant gets an extension period of one year. This helps the applicant to lock in the potential patent rights of the invention. The applicant gets the time to complete the invention while the legal rights get protected.
- Another benefit is that the applicant avoids the cost incurred in filing the non-provisional application during one year period.
- Once the process of a provisional patent is complete, the inventor uses it for obtaining funds as the credibility of the invention increases.
- As there is no publication of the provisional filing, the priority date is also reserved by maintaining the secrecy.
Requirements for filing provisional patent:
There is a requirement of several documents for filing a provisional patent. Firstly, the documents must include a written description of the invention. The description must adequately describe the full scope of the subject matter. Secondly, the inclusion of any necessary drawings must be present, if required. The filing application also includes a prescribed fee while filing the application.
Content while filing provisional patent:
Content is one of the most important things while filing a provisional patent. It contains the description and other specifications of the invention. Some of the essential things to mention while filing a provisional patent are:
Title of the invention:
Firstly, the inventor needs to mention the title of the invention. The title should fairly capture features of the invention. It should be short and to the point.
Description of the invention:
After the title, it all comes down to the description of the invention. The description includes the field and background of the invention. The inclusion of the technical field to which the invention belongs plays an important part in the content of a provisional filing.
Objects and Statement of the invention:
It also includes the object of the invention. The point of having this section is in showing the necessity of the invention. The statement of the invention should also be included. Claims may not be a part of provisional specifications.
Difference between Provisional and Complete filing:
The filing of a provisional application is the start of getting a grant of patent in India. The complete application follows the provisional one after 12 months. However, there are certain differences between a provisional filing and a complete filing. They are as follows:
|S.No||Provisional Patent Filing||Complete Patent Filing|
|1.||The filing is possible even when the idea is not completely mature.||There remains no scope of further development when filing the application.|
|2.||The involvement of claims or abstracts may not be present.||It includes all the parts of the patent application.|
|3.||It has no existence if a complete application is not filed.||It can exist independently.|
|4.||It is inexpensive as it does not include all the parts of the patent application.||It is expensive as it includes all the parts of the application.|
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