Provisional Patent

Many inventors/businesses wish to patent their inventions even before they are finalised.




    How Does Provisional Patent Work?

    The provisional patent enables you to book your name against your invention even before it is final.

    Step 1

    We will examine all the possible details,
    including potential uses of the invention across
    industries and likely benefits over existing products.

    Step 2

    A professional, our affiliate, will take up
    your request and draft the application based on the
    details you send in.

    Step 3

    The drafted document will be filed with
    the Registrar and, on acceptance, you would be
    able to use 'Patent Pending' on your product
    any time over the next year.

    What is a Provisional Patent?

    As a patent can be so crucial in maintaining a business advantage, many inventors/businesses wish to patent their inventions even before they are finalised. This is possible through a provisional patent, which helps the inventor establish earliest ownership over the invention on submission of the provisional specifications of the product or process. As India follows the first-to-file system, this would ensure that the holder of the provisional patent would also be granted the permanent patent. The documents for the permanent patent would, however, have to be filed within 12 months or else the application would be abandoned entirely.

    Advantages of Provisional Patent

    Minimal Information Needed

    Even if your invention is at a conceptual stage, all you need is to specify the title, indicate the field of your invention, its nature and potential uses to file a provisional specification.

    Established Right Early

    The provisional patent enables you to book your name against your invention even before it is final. The patent is awarded to the person who files it first, rather than the person who invents it first.

    Assess Market Potential

    The provisional specification helps you can assess the market potential of your invention before taking the final plunge and filing a complete specification.

    Provisional Patent Process

    1 Working Day

    You would need to send in all the possible details, including potential uses of the invention across industries and likely benefits over existing products.

    7 Working Days

    A patent attorney affiliated with us will take up your request and draft the application based on the details you send in.

    2 Working Days

    The drafted document will be filed with the Registrar and, on acceptance, you would be able to use ‘Patent Pending’ on your product any time over the next year.

    FAQs on Provisional Patent

    What can be patented?
    A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.
    When does a patent expire?
    20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
    What information do I need to provide?
    The details of the invention can be shared on a CD or a pen drive, along with its name, comparison with existing products, uses, and date of publication (if any). Applicant information is also required.
    What is expected from the patentee as an obligation?
    A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent, or practice it with the consent of the patent holder during the life of the patent.
    Is there a worldwide patent?
    Filing an application in India enables the applicant to file a corresponding application for the same invention in other countries, within or before the expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his/her invention in those countries. However, there is no patent that is valid worldwide.

    Why Buiznest

    60 Established Vendors
    Buiznest has successfully completed 600+ registrations in the past year alone. We have partnered with some of the top experts in business across India to get your registration across to you on time.
    9.1 Customer Score
    We make your interaction with the government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
    200+ Strong Team
    Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.

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