Provisional Patent

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Provisional Patent

Getting a patent for new inventions/processes is a crucial strategy for every business as it is always the rule of first to file. So, the businesses intend to patent their inventions before they are even finalized. This can be done through a provisional patent application. It is one of the most important legal documents while applying for patent registration. It eventually increases the chances of obtaining patent registration when the invention is finalized. It is mainly to secure a priority date over the same invention which may be developed & patented by a competitor.

It must consist of a title and description of the invention. The permanent patent should be filed within 12 months otherwise the application can be abandoned.

Advantages of Provisional Patent

PRIOR RIGHTS Provisional patent ensures priority for the application of patent against the competitor applying for a patent on the same invention.
MARKET BENEFITS Provisional patent helps you to assess the market potential for the invention & decide further course of action.

Provisional Patent Registration Process

Documents required

1. Invention details

2. Authorization letter

Frequently Asked Questions

A patent application can be filed with the Indian Patent Office. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application.

It is not necessary to file a provisional application but it is useful in establishing a priority date for your invention.

If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned

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