Tag: priority date

What is provisional and non provisional patent? How long does a non provisional patent last? How much does it cost to file a non provisional patent? What are the 3 types of patents?

Non- Provisional Patent Drafting

A non-provisional patent draft is a techno-legal document describing the invention in-depth and discloses the best method of carrying out the invention. Thus, also known as a complete patent application.

It is directly filed before the patent office by either a patent agent or an inventor where the inventor wishes to protect the invention.

A Complete specification / non-provisional  specification can be filed with either of the following two options:

1. Direct filing – Complete specification is filed directly before the Indian Patent office without filing any corresponding provisional specification.

2. Subsequent filing-

  • The complete specification is filed subsequently after filing a corresponding provisional specification within 12 months of the provisional application.
  • Using the PCT route

Analogy of Complete specification:

  1. Title
  2. Preamble to the invention
  3. Technical field of the invention
  4. Background of the invention
  5. Objects of the invention
  6. Statement of the invention
  7. Brief description of the drawings
  8. Detailed description of the invention
  9. Claims
  10. Abstract

Our Strategy

  • Thorough understanding of the invention disclosure form

  • Marking the important elements of the invention

  • Discussing with the inventor.

  • Claim Drafting

Incorporation of all the embodiments and illustrations Claim Enablement

First Set of claim preparation

Review and suggestions by the inventor

Incorporating the Inventor’s inputsSending to the inventor for the review for approval

Repeating step 2,3 and 4 till client’s approval

Final claims prepared after the final client approval.

  • Drafting Specification

Incorporation of all embodiments and illustrations

Claim Enablement

  • Sending the complete draft for multiple reviews.

  • Seeking an attorney review ( if applicable)

  • Sending the patent draft to the client

  • Incorporating suggestions from the client/ attorney

  • Preparing the final draft.

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A provisional patent application is not examined, so its claims not get rejected in an office action. Depending on what was the problem that is being referred to as a rejection, a provisional application that fixes the problem might be subsequently filed with a later filing date

Provisional Patent Application

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 and allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

A provisional patent application buys you the time to file the complete patent application/ non- provisional patent application 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:

  1. Easy preparation and filing
  2. Low Filing Cost,
  3. Protection of invention from getting copied
  4. Ability to use the term “patent pending”, which can only be legally used when a patent application has been filed
  5. 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.

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