29 Nov 2019, 10:00 — 7 min read
Background: A provisional patent specification is a preliminary application before filing a usual patent. In their previous article, Vakilsearch shared an overview of how to file a patent in India. Here they explain regarding filing of provisional patent specification.
First, let us understand the main idea of what is a provisional patent specification.
As per Section 9 of the Indian patent act 1970, there are two kinds of patent specifications,
A provisional patent specification is the preliminary application before filing a usual patent. It describes the invention in a broad perspective but not completely. It is the document which may be filed before a complete patent specification in the office of the controller of patents pertaining to an outlook patent.
It receives the word “provisional” from being incomplete and a predecessor of a complete specification which comes afterwards. Even though it is not compulsory, it is mainly suggested as it has a lot of advantages for the inventor.
Prior patent filing date: After the filing of the provisional patent specification the inventor is entitled to an earlier filing date. It secures the priority date and has more advantages such as:
Cost-efficient: The initial cost of a provisional patent specification is comparatively lower than that of a complete patent application which saves a lot of money for the inventor with regard to professional fees.
Moreover, it is technically clear as compared to the complete specification, inexpensive and lesser resources are required to prepare it. A provisional patent specification can also be prepared by the inventor himself/herself.
Time period: As a precaution, it is essential to have enough time to develop claims in the research industry. When a new invention is created, you are unaware of what basis to claim protection for it. However, there is a processing period of twelve months between the provisional patent specification and complete patent specification. This in-between time can be used for:
Pending patent: After the provisional patent specification has been filed the inventor can officially and legally use the “patent pending” or “patent applied” tag for their invention. This tag will further be helpful in receiving funds as the authenticity of the invention rises while the main business model is being advanced. It can be used as a great selling point.
Scope of abandonment: If an inventor goes for a provisional specification and at some point decides that the product created is not commercially viable and chooses not to get a patent, then it can be easily abandoned. Though in a similar situation, if a complete specification would have been done that would have been extremely costly and lots of money would have already been spent on that process.
Secrecy: Since there is no publication of the patent application, the priority data can be maintained by secrecy.
As an applicant, the below-mentioned key points should be taken into consideration:
The below-mentioned documents are required:
Also read: Patents: Advantages & obstructions
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Posted byVakilsearch Staff
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