Provisional Patent Applications
As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date. The provisional application allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.
Basically, provisional patent application buys you the time to file the complete patent application/ non-provisional patent application. The complete patent application has to filed before the patent office within 12 months of filing while establishing the priority for the invention.
In simple words, a Provisional Application is a temporary, quick, inexpensive application filed before the Patent Office, to claim a “Priority Date” when an invention is not complete in all aspects and which can be claimed in a later-filed nonprovisional application.
Advantages of Provisional Patent Application:
- Easy preparation and filing
- Low Filing Cost,
- Protection of invention from getting copied
- Ability to use the term “patent pending”, which can only be legally used when a patent application has been filed
- Enabling the inventor to conduct a feasibility analysis of the invention in terms of potential markets, distributors, licensees.
A complete application/Non-provisional Application needs to be filed within 12 months or else the application will be treated as abandoned.
Forms required for filing Provisional Patent Application
- Form 1
- Form 2
- Form 5
- Form 26
- Form 3
- Priority Documents (For convention applications if the priority date is claimed) Illustrations/Diagrams of the invention)
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