Getting a patent is a milestone achievement. If it is for an invention, then one would safeguard it so that others do not copy it and steal their life’s work. It is to this end that patents provide legal protection. However, getting a patent is a long process. Does that mean your work could be vulnerable during this period? This is where the Provisional Patent comes in.
Let us dive into what a provisional patent is and how one can file for a provisional patent.
What is a Provisional Patent?
Inventors might want a patent when their innovative idea or invention is patented long before its work is complete. There might be research that takes a lot of time to finalize on the invention.
If that is the case, you can apply for a provisional patent, which is a quick way to file a patent application to protect your patent novelty. When you apply for a provisional patent, you get a 12 months time window. This period is pivotal for many inventors. Let’s take a look at how.
Advantages of the Provisional Period
Filing for a provisional patent has its advantages. You can use them to your benefit if you know these advantages.
- 12-month Time: Your research idea is complete on paper, but making it takes more time. In this scenario, you can get a provisional certificate and secure the priority date of the invention.
- Check the market potential: You can use the time to test the invention to see its commercial worth. It allows you to assess the invention’s worth in the market ahead of time. This way, you can choose to discard it if it is not viable and can save you from many losses.
- Patent Pending Status: Your invention will get a patent pending status by which your patent will not be stolen and still have the patent novelty status while you can work on completing your invention.
- Lower Cost: A provisional patent costs much less than a complete patent application. This way, you can test the waters before you move ahead with the complete patent.
How to File a Provisional Patent in India?
A provisional patent can be filed only if the patentee files the provisional specification drafted and filed. The provisional specification has many parts which need to be included. Each of these also has a corresponding form that must be filed.
The forms to the filed for a provisional patent include:
Form 1: Application form for grant of a patent
Form 2: Provisional specification for a provisional patent
Form 3: Statement and undertaking regarding foreign applications.
Form 26: Form for authorization of a patent agent
Form 28: To be submitted by a small entity if you claim small entity status
Summing Up
A provisional patent can be highly advantageous to an inventor. All of the above-mentioned advantages can be availed only if the application for the provisional patent is duly submitted. However, with the help of experts, you can focus on your invention while the experts take care of the paperwork. Our team of experienced patent specialists at IPExcel ensures your provisional certificate is correctly filled and submitted.
Reach out to us today to book an appointment with our patent expert.