Patent is a license or permit authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner.

 

A patent is usually granted to an inventor to protect its invention. An invention implies a new product or process involving creativity and applied to or capable of industrial application.

 

Patent applications are of the following types:

Provisional application

Complete application

Convention application

Patent Cooperation Treaty (PCT) – International application

Patent Cooperation Treaty – National Phase application

 

A provisional patent is the type of patent that is usually applied in the early stages of an invention to secure the date of filing. It requires fewer specifications than a regular patent application. It is typically considered as a preliminary step to complete patent application.

 

A provisional patent lasts for 12 months only; within which a complete patent application must be filed to avoid abandoning the application else the invention becomes non-patentable. If complete application is granted patent then the date of filing will be considered of the provisional application.

 

A provisional application has its own benefits such as:

Low cost of fees

Establishing an early date of filing before the complete application is filed

Extension of patent term by one year

Confidentiality of the application is maintained before it is published

Evaluation of commercial benefit of the patent

 

Requirements for filing a provisional patent application
When a prospect finds that the invention is at a stage where it can be disclosed on paper but has not reached its finale and does not have all its specifications, it can apply for provisional patent.
There are three main requirements of provisional patent application.

A written description of the invention including the following details:

Title

Purpose

Description of drawings

Components, claims, etc.

Use of the invention

Working of the invention

Use of components

Advantages

Drawings, sketches, diagrams, etc., related to the patent

Filing fees

 

Process for filing a provisional patent application

File the provisional patent application and submit it to the Patent Office.

A date of filing is recorded and an application number is immediately generated on submission of the provisional application.

Provisional application is abandoned if a complete patent application with specifications is not applied within 12 months of the validity of provisional patent.

Once the application number is informed to the applicant, it can use labels “Patent Pending Notice” or “Patent Applied For” to the invention to deter any potential theft.

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