An inventor’s creation is protected by patent registration, which also inspires or encourages them to improve or create technology or to continue developing their idea in order to realise better visions. A patent registration requires that an invention be original, distinct, practical, and non-obvious.
The Patent Act, 1970 and the Patent Rules, 1972 are the laws that govern patents in India. Any type of machine, technical tool, chemical, pharmaceutical, etc., can be patented. An original innovation is the result of the inventor’s diligence and perseverance, and as such, the inventor is granted rights so that no unapproved person or third party uses the creation or profits from it. Therefore, patent registration is a crucial need in order to prevent others from utilising it.
What is Permanent Patent?
An application for a permanent patent filing is one that the inventor submits in which he or she fully describes their idea in depth and offers the best planning, strategy, and opportunity for the invention to be used. It is a specific kind of electronic legal document.
It guards against unauthorised production, dissemination, and usage of the innovation and similar inventions. Intellectual Property Rights (IPR), obtained via the application of a permanent patent, prohibit the use of an invention without the owner’s prior written consent.
What is a Provisional Patent?
It is crucial to understand that there is currently no such thing as a provisional patent in the intellectual property sector. However, the purpose of a provisional patent application is to take the first step toward obtaining strong and stringent patent protection.
The main goal of submitting a provisional patent application is unavoidably a crucial step in order to allow the inventor to continue working on their innovation without worrying about theft, to continue carrying out the patent operations, and to continue with the advance improvement.
It is a legal document that should be submitted on the original filing date and only changes into a Permanent Patent if the inventor applies for a granted Permanent Patent. The name Provisional itself specifies that it is to be applied provisionally.
Key Difference between Permanent Patent and Provisional Patent
Low Cost: The application for a provisional patent is less expensive than the application for a permanent patent, which is one of the main and most important reasons to submit a provisional patent rather than a permanent patent application. As a result, it is frequently chosen by businesses, organisations, and people, and is practical for everyone with a tight budget. Additionally, there are no legal procedures or conditions that are necessary for the registration of a Permanent Patent while registering a Provisional Patent.
Role of Patent Office: The primary function of the Patent Office is another significant factor that not only distinguishes between applications for provisional and permanent patents but also improves the provisional patent application. There is no requirement for an additional fee associated with the Patent Attorneys or Office because the Patent Office does not give importance to the application of a Provisional Patent unless the inventor or owner files an application of a Permanent Patent that claims advantages and rights under the filing of a Provisional Application. In layman’s words, the application for a Provisional Patent authorises the establishment of the foundation for the fulfilment of a Patent, gets acknowledged as Patent-pending, and retains the money necessary for the procedure, while the Permanent
Protection of Invention: By submitting an application for a provisional patent, the inventor can more easily obtain patent protection while still being able to develop, improve, and maintain their invention. Once they are completely satisfied with it, the inventor can then submit a formal application for a provisional patent. The inventor will not be able to add or replace an existing subject matter, develop the invention, or make any modifications after filing for a permanent patent, on the other hand. Therefore, the inventor wants to apply for a provisional patent in order to protect the already generated component.
Risk Amount: The level of information included in the provisional patent application or the lack thereof poses a risk to the inventor; if subsequently, the inventor adds details that are not corroborated by the previously submitted innovative details, the new matter will not be given the earlier provisional filing date. However, there is nothing comparable when applying for a permanent patent because it must be exhaustive and thorough.
Severe and Loose Structure: The application for a provisional patent does not adhere to a strict format since its main goal is to give inventors the opportunity to get patent protection and a filing date. However, the application for a permanent patent must follow a specified structure and contain at least one claim. Patent attorneys draught the claim for a permanent patent application, which PTO examiners then edit.