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A patent is a statutory right to an invention granted by the government for a definite term to the patent owner, in exchange for the full disclosure of his invention to the exclusion of others, to manufacture, use, sell, import the patented product or manufacture it for such purposes without his consent.
Indian Patent Law follows first to file system. A provisional application is an application that can be filed if the invention is still in the experimental stage. Filing a provisional specification gives the inventor an advantage as it helps to establish the “patent priority date”.
In addition, the inventor has 12 months to fully develop the invention and determine its commercial potential and submit the full specifications.
In general, when an invention is incomplete, an application can be filed under Provisional Specification, known as a Provisional Application. This is useful for setting priority dates for your invention. Furthermore, it also provides applicants with sufficient time to evaluate and assess the commercial potential of their invention before submitting a full description. However, it is not necessary to apply with the draft specifications and one can apply directly with the full specifications.
It is the first step towards patent registration; it is not a complete and complete registration.
It is the provisional patent specification on which the full specification will be based. Therefore, it cannot be considered a draft of the full specification of the patent.
The applicant must keep in mind a twelve-month period within which he must submit the full patent specifications. If it is not filed, it will be considered "abandoned".
Any additions made to the invention after the filing of a patent application which is provisionally outside the scope of the invention, will not benefit from any advantage.
Confidentiality is maintained even if the applicant does not submit a complete patent description within the allotted period of twelve months, so that the confidentiality of the invention is maintained and that is a benefit. Substitute is granted to the inventor.
It should be novel.
It should have inventive step or it must be non-obvious
It should be capable of Industrial application.
It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
ID and Address Proof of Applicant
ID and Address Proof of Inventor
Title and Description of the Invention
Claim of the Invention
Technical Aspects and Drawings
Yes, you can make changes to your invention after filing a provisional patent application in India, but it is important to ensure that the changes do not alter the nature of the invention.
Yes, you can sell or commercialize your invention while it is protected by a provisional patent registration in India, but it is important to note that the provisional registration only provides a temporary filing date and does not provide any enforceable rights.
No, a provisional patent registration in India does not provide the same level of protection as a non-provisional patent registration. A provisional patent registration only provides a temporary filing date and does not provide any enforceable rights.
Yes, you can file a provisional patent application in India on behalf of your company or organization if you are authorized to do so by the company or organization.
No, it is not necessary to have a working prototype or a physical embodiment of your invention before filing a provisional patent application in India, but it is important to include a detailed and complete description of the invention in the application.