Provisonal Application

Overview:

A Provisional Application is a preliminary patent application that provides an inventor with a priority date for their invention. This priority date establishes a filing date for the invention and allows the inventor to file a complete patent application within 12 months. At Corporate Raasta Consulting, we offer end-to-end support for filing Provisional Applications in India.

Reasons for Filing Provisional Patent Application Online

Submitting a provisional patent application online is advantageous when the invention is definite but may undergo further refinements within a year. This approach is particularly beneficial in India, offering a window to finalize innovations within the provisional patent’s one-year duration. Doing so, inventors ensure that the original invention described in the online application remains usable before expiration, while also allowing for the submission of a non-provisional patent with any improvements. Ultimately, this strategy grants both time and protection to the applicant.

Benefits:

Some of the key benefits of filing a Provisional Application include:

1. Establishing a priority date: Filing a Provisional Application establishes a priority date for the invention, which can be critical in establishing ownership and protecting the invention from infringement.
2. Delayed costs: Filing a Provisional Application can be less expensive than filing a complete patent application, as it does not require the same level of detail and formalities.
3. Buy time to refine the invention: The 12-month period between filing a Provisional Application and filing a complete patent application provides time to refine the invention and gather additional evidence.

Checklist:

Here are some of the steps you should consider when filing a Provisional Application:

Description of the Invention: Provide a comprehensive written description of your invention. This description should detail the unique aspects, functionality, and any other pertinent information about the invention.

Invention Drawings or Images: Include any necessary drawings or images that help illustrate the invention. These visuals can aid in understanding the design, structure, and operation of the invention.

Complete Identities of Each Inventor: Provide the full names and details of all inventors involved in creating the invention. This ensures that proper credit is given to each contributor.

Filing Fee: Submit the required filing fee along with the application. The filing fee may vary depending on factors such as entity size and jurisdiction.

Declaration or Digital File: Include a declaration affirming the accuracy and completeness of the information provided in the application. This declaration may need to be signed by the inventor or inventors, or it could be submitted in digital format.

Application for a Temporary Patent: Clearly indicate in the application that you are seeking a provisional patent, which provides temporary protection for your invention.

Name of the Founder: Provide the name of the individual or entity applying for the provisional patent. This ensures clarity regarding the ownership and rights associated with the invention.

Location of the Author: Include the location or address of the applicant, which may be required for official documentation and correspondence.

Name of the Invention: Specify the name or title of the invention for identification purposes. This helps distinguish your invention from others and facilitates the patenting process.

Registration Evidence for an Attorney or Agent: If you’re using the services of a patent attorney or agent, provide evidence of their registration, including any relevant details such as their address and docket number. This information ensures that authorized representatives are involved in the patent application process.

In a provisional patent application in India, following are the key information that must be included to effectively protect your innovation:

Name of the New Idea, Concept, or Technique: Clearly specify the name or title of your new idea, concept, or technique. This serves as an identifier for your invention and distinguishes it from others in the field.

Provisional Patent Requirements and Regulations: Provide a thorough understanding of the requirements and regulations governing provisional patents in India. This ensures compliance with the legal framework and facilitates the application process. It’s important to note that a section on claims is not mandatory in a provisional specification, unlike in a full patent application.

Type of Innovation: Describe the type of innovation your invention represents. This could include product innovations, process innovations, method innovations, or any other novel approaches or concepts. It’s essential not to limit the definition of innovation, as it can encompass a wide range of inventive concepts.

Invention’s Priority and Purposes: Clearly outline the priority and purposes of your invention. Explain why your innovation is unique, its potential applications, and the problems it aims to solve or improvements it offers over existing solutions. This information helps establish the significance and value of your invention in the marketplace.

Process:

The process of filing a Provisional Application can be complex and requires careful preparation to ensure that the inventor has established a strong priority date. At Corporate Raasta Consulting, we provide end-to-end support for filing Provisional Applications, including conducting patentability searches, preparing the provisional patent application, and filing the application with the appropriate patent office.

Following are the essential steps in the process of  Filing a provisional patent application online:

Complete the Invention Disclosure Statement: This step involves filling out an Invention Disclosure Statement, detailing the problems your invention solves, existing solutions, technical specifications, and how the technical features of your invention work.

Combine Your Inventions: Here, you refine and consolidate different aspects of your invention. This could include exploring alternative solutions and identifying new technical features. It may require multiple iterations.

Novelty: Confirm the uniqueness of your invention by conducting thorough research. This involves searching for existing inventions or published articles with similar technical details to ensure your invention is novel.

Write the Provisional Patent Application: Draft a detailed provisional patent application describing your invention. Include technical specifications and innovative aspects, ensuring clarity for someone skilled in the field to understand and replicate the invention.

Document the Forms: Gather all necessary forms required for filing the provisional patent application online. This includes the patent specification and any supporting documents relevant to your invention.

File Provisional Patent Online: Submit the completed application online along with the required forms and payment. After submission, the Patent Office will assign an online provisional patent application number, which will be made public.

Documents:

Some of the documents required for filing a Provisional Application include:

Form 1: This form serves as a patent request and must be submitted within six months of filing a provisional patent. It should be completed with all necessary information, including the inventor’s names, type of innovation, and signed by the applicant.

Form 2: This form outlines the specifications of the provisional patent. It should clearly indicate that it pertains to a provisional patent and include the applicant’s name and job title. Additionally, it should provide a detailed description of the innovation.

Form 3: In cases where the applicant seeks international patents, a comparable application form for international patents needs to be submitted along with the provisional patent application.

Form 5: This form contains the statement of inventorship, confirming the individuals who contributed to the invention. It is essential for establishing the ownership and rights associated with the invention.

Form-26: A power of attorney for the patent agent must be included and submitted within six months of filing the provisional patent application. This form authorizes the patent agent to act on behalf of the applicant in patent-related matters.

Form-28: This form requires the submission of design drawings, sketches, or diagrams illustrating the innovation. However, it is not necessary if the invention pertains solely to a process without a visual component.