A provisional patent application is a type of patent application that allows inventors to establish an early effective filing date for their invention, while also providing a means to test the market for potential interest in the invention. In India, the process of filing for a patent is governed by the Indian Patents Act, 1970 and the rules framed thereunder. In this article, we will provide an overview of what a provisional patent application is in India and the process for filing one.
Overview of Provisional Patent Application in India
A provisional patent application in India is a type of patent application that provides inventors with an early effective filing date for their invention. It allows inventors to file a patent application with minimal information about the invention, such as a brief description and drawings. The provisional patent application is not examined by the Indian Patent Office (IPO) and it is not published. However, it provides the inventor with the right to claim priority of the invention over others who file for the same invention later.
The main advantage of filing a provisional patent application in India is that it gives the inventor 12 months to work on the invention and decide whether to file a complete patent application. This is known as the “patent pending” period. During this time, the inventor can conduct market research, test the invention, and seek funding without the need to incur the full costs of a non-provisional patent application.
Process of Filing a Provisional Patent Application in India
The process of filing a provisional patent application in India is relatively straightforward. The following are the steps for filing a provisional patent application in India:
- Prepare a provisional patent specification: The provisional patent specification should include a brief description of the invention and any drawings that may be required to understand the invention.
- File the provisional patent application with the Indian Patent Office (IPO): The application should be filed with the IPO along with the required fee.
- Receive an acknowledgement of receipt of the application: Once the application is filed, the IPO will provide an acknowledgement of receipt of the application.
- Convert the provisional patent application to a non-provisional patent application: Within 12 months of filing the provisional patent application, the inventor must file a non-provisional patent application in order to pursue the patent further.
It’s important to note that the process of filing a provisional patent application in India may vary depending on the type of invention and the complexity of the application. Therefore, it’s always advisable to seek professional help from a patent attorney to ensure a smooth process.
Benefits of Filing a Provisional Patent Application in India
- Establishes an early effective filing date for the invention
- Allows the inventor to conduct market research and test the invention before committing to the full costs of a non-provisional patent application
- Gives the inventor the right to claim priority over others who file for the same invention later
- Provides the inventor with 12 months to decide whether to file a non-provisional patent application
Conclusion
A provisional patent application is a type of patent application that allows inventors to establish an early effective filing date for their invention.