Provisional Patent

Sonam Geda & Company

Provisional Patent in India

The application for patent can be filed in two different ways the first one is provisional patent application and the other one is non-provisional (complete) patent application. The provisional patent application provides an opportunity to the applicant to establish the right early.

The Provisional Patent is not a Patent as such, this application is filed to get the status of Patent Pending, which provides protection to the inventor for the period of 12 months from the date of filing application. The application for provisional patent is filed when invention is not complete and it is under process of development, through this application an inventor gets an opportunity to protect his invention even before its completion or finalisation.

Features of Provisional Patent

It allows the inventor to use the term “Patent Pending” for the period of 12 months.
The official patent application filing date for the invention is established.
It provides the security against the copy of invention by others for the specified period.
The provisional patent is not published and examined by the department.
Provisional patent will be automatically abandoned after 12 months of filing if complete patent application is not filed during that period.

Procedure for Filing Provisional Patent Application

STEP 1: PROVISIONAL PATENT SEARCH- The patent search will help the inventor to discover for the following points:
Essential conditions to meet patentability:
NOVELTY: The innovation must be new. One cannot patent an invention that is already available publically.
NON-OBVIOUS: This means that the product or process must be inventive it should not be obvious to skilled person if it so it is not patentable.
UTILITY: The new product, process or invention must be useful which it must applied to or applicable in industrial process.

STEP 2: DRAFTING OF PROVISIONAL PATENT APPLICATION: While drafting application for provisional patent following information shall be included:
a) Name of inventor.
b) Residence of inventor.
c) Title & object of the invention.v d) Name and registration Number of Attorney or Agent (if applicable).v e) Summary of the invention.
f) Drawings of invention.

STEP 3: FILING OF APPLICATION- The application shall be filed and submitted to the Patent Office. This application can be filed by inventor himself/itself or by the registered Attorney or Agent.

STEP 4: GENERATION OF APPLICATION NUMBER- After filing the provisional application the application number is immediately generated and date of filing is recorded by the patent office and inform the application number to the applicant.

STEP 5: TAGGING- After generating of application number, the applicant is capable of using the term “Patent Pending” or “Patent Applied For” to the invention to protect it from stolen.

STEP 6: ABANDONMENT OF APPLICATION- The provisional patent application will be abandoned if the applicant does not file non-provisional (complete) patent application within 12 months from the date of filing the application.

Document Required for Provisional Patent Registration

Following documents are required to be filed for provisional patent application:

Title & object of the invention.
Provisional specification and drawings of invention.
Declaration of inventorship.
Name and registration Number of Attorney or Agent (if applicable).
Summary of the invention.
Drawings of invention.
Advantages
Such other documents as may be requested.

Advantages of Provisional Patent Registration

COST EFFECTIVE: Filing of application for provisional patent is less expensive as compared to filing of complete patent application.
FAST PROCESS: The process of acceptance of provisional patent is less time consuming as this application is not examined and published by the Patent Office.
EASY TO PREPARE: The requirements for filing provisional application are much simplified by the Patent office because it requires minimum information like specify the title, indicate the field of invention, its nature and potential uses which results in easy preparation of application by the applicant.
ESTABLISHES OFFICIAL PATENT FILING DATE: On filing provisional patent application the date of filing is recorded which is considered as official filing date for invention.
TAG: After the acceptance of application the inventor is permitted to tag his invention as “Patent Pending” or "Patent Applied for" this is useful for protecting it.
INTERIM PROTECTION: Provisional Patent provides protection to the invention from being stolen for the period of 12 months from the date of filing.
Extension of patent term by one year
CONFIDENTIALITY: Confidentiality of the application is maintained before it is published by Patent office.

Validity Period of Provisional Patent

The Provisional Patent is valid for 12 months from the date of filing the application. The applicant is required to submit the complete application of patent within these 12 months, if applicant fails to do so then the provisional patent is abandoned.

Provisional Patent Application Fees

Fees for application of Provisional Patent (Form 1 fee)

Applicant	Applicable Fees (In case of e-filing)	Applicable Fees (In case of Physical filing)
Natural person or start-up	1600	1750
Small Entity	4000	4400
Others	8000	8800

What is Provisional Patent?

What steps are involved in filing Provisional Patent application?

For filing Provisional Patent application following steps should be followed:

STEP 1: PROVISIONAL PATENT SEARCH
STEP 2: DRAFTING OF PROVISIONAL PATENT APPLICATION
STEP 3: FILING OF APPLICATION
STEP 4: GENERATION OF APPLICATION NUMBER
STEP 5: TAGGING
STEP 6: ABANDONMENT OF APPLICATION

See Details

What are the features of Provisional Patent?

It allows the inventor to use the term “Patent Pending” for the period of 12 months.
The official patent application filing date for the invention is established.
It provides the security against the copy of invention by others for the specified period.
The provisional patent is not published and examined by the department.
Provisional patent will be automatically abandoned after 12 months of filing if complete patent application is not filed during that period.

What documents are required for Provisional Patent registration?

Following documents are required to be filed for provisional patent application:

Title & object of the invention.
Provisional specification and drawings of invention.
Declaration of inventorship.
Name and registration Number of Attorney or Agent (if applicable).
Summary of the invention.
Drawings of invention.
Advantages
Such other documents as may be requested.

What is the validity period of Provisional Patent?

What are the Types of Patent?

There are three types of Patent:

UTILITY PATENT: This Patent is granted to the inventor who invents a new and useful invention or any new and useful improvement thereof that is not obvious to others in the field of invention.
PLANT PATENTS: This Patent is granted to the inventor who invents and asexually reproduces any distinct and new species of plant.
DESIGN PATENT: Design Patent is granted to anyone who invents a new, original, and ornamental design for an object which can include the shape or configuration of an object.

What are the advantages of Provisional Patent registration?

COST EFFECTIVE: Filing of application for provisional patent is less expensive as compared to filing of complete patent application.
FAST PROCESS: The process of acceptance of provisional patent is less time consuming as this application is not examined and published by the Patent Office.
EASY TO PREPARE: The requirements for filing provisional application are much simplified by the Patent office because it requires minimum information like specify the title, indicate the field of invention, its nature and potential uses which results in easy preparation of application by the applicant.
ESTABLISHES OFFICIAL PATENT FILING DATE: On filing provisional patent application the date of filing is recorded which is considered as official filing date for invention.
TAG: After the acceptance of application the inventor is permitted to tag his invention as “Patent Pending” or "Patent Applied for" this is useful for protecting it.
INTERIM PROTECTION: Provisional Patent provides protection to the invention from being stolen for the period of 12 months from the date of filing.
Extension of patent term by one year
CONFIDENTIALITY: Confidentiality of the application is maintained before it is published by Patent office.

What is the fee for filing application of Provisional Patent?

Fees for application of Provisional Patent (Form 1 fee)
o In case of e-filing

Applicant	Applicable Fees (In case of e-filing)	Applicable Fees (In case of Physical filing)
Natural person or start-up	1600	1750
Small Entity	4000	4400
Others	8000	8800

What is difference between Provisional Patent and different form of Intellectual Properties?

A detailed comparative chart of difference between various forms of intellectual properties can be found at the end of this page.

Difference in Different Form of Intellectual Property Rights

What Tag is associated with the Provisional Patent?

Once the registrar accepts the provisional patent application the applicant would be able to use 'Patent Pending' tag on its product any time in 12 months.

Difference in Different Form of Intellectual Property Rights

BASIS OF DIFFERENCE
TRADEMARK
COPYRIGHT
DESIGN
PROVISIONAL PATENT
PATENT

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Prevailing laws
- The Trademark Act, 1999 deals with registration and prevention of fraudulent use of trademarks.
- The Copyright Act, 1957 provides for the registration and protection of copyright.
- Registration and protection of Industrial Design is administered by the Design Act, 2000 and rules made there under.
- Registration and protection of Patent is governed by the Patent Act, 1970 and rules made there under.
- Registration and protection of Patent is governed by the Patent Act, 1970 and rules made there under.
Trade Marks Act,1999
Copyright Act,1957
Design Act,2000
Patent Act,1970
Patent Act,1970

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Protection For
- It can include name, symbol, slogans, logo, and or image which identify the business/brand and it makes different from others.
- Protection of original creative works like Music, Books, Articles, drawing, painting,maps,Photographs, Movies, Sculptures, sound recording, choreography, motion pictures,software etc.
- Feature of pattern, configuration, shape, ornaments, composition of lines, or colors applied to any article, packaging and graphic symbols.
- • Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.
  • Encourage innovation and commercialization of technological advances.
- • Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
  • Patent secures inventions that are useful for the world or to the public at large and has some productive use.
Brands
Creative or intellectual creations
Appearance of products
Inventions & Idea
Inventions & Idea

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Term of Protection
- Valid for 10 years but can be made perpetual by renewing it in every 10 years.
- Copyright is valid for the lifetime of the author and 60 years after the death of author.
- Validity of Design is 10 years from the date of its registration.
- • Provisional Patent will be valid for 12 months from the date of filing application of Patent.
  • Documents has to file for permanent patent within 12 months otherwise it will ne abandoned.
- Patent is valid for 20 years from the day the application is first made but it can’t be renewed.
10 years + Renewal
Lifetime + 60 Years
10 Years
1 Year
20 Years

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Exclusive Rights/Rights provided to Owner
- • Use within the applied class.
  • Protect it from anyone using without permission and give right to sell the brand.
- • Copyright owner has authority to transfer the work by licensing, assigning, and other forms of transfers.
  • Right to reproduce the work, to prepare derivative works, to distribute copies, to perform the work publicly, and to display the work publicly. (depending on the type of work).
- It gives authority to Use, make, sell, import, offer for sell the registered design.
- Entitled to protect from copy of the invention or infringement of Patent.
- It gives right to Use, sell, import, make with idea patented.
Brand w.r.t. product / services
Distribute copies & perform work publicly
Authority to Use, sell, import etc.
Protect from copy idea
Authority to Use, sell, import etc.

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Example
- Parle,Domino’s,Pizzhut,Spykar etc are the brand names.
- Music, pictures, songs, software etc
- packaging and graphic symbols, composition of lines etc.
- New invention in pharmaceutical industry.
- • New invention in pharmaceutical industry.
  • Certain computer programs may fall within the subject matter protected by both patents and copyrights.
Brand' "Nike", logos-the Nike tick
A copyrighted Book
Ornaments
Technology
Technology

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Symbols Associated
- ™ is used when registration is under process. ® is used when Trademark is registered.
- © is the symbol of copyright.
- There is no symbol to represent Design
- • There is no symbol to represent provisional Patent.
  • It would be able to use 'Patent Pending' on product any time in 12 months
- No symbol is assigned to registered Patent.
™ & ®
©
NA
NA
NA

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Applcants
- Application for Trademark registration is made by business owners or owners of product.
- Artists, Architect, Choreographers, Creative Professionals and Author.
- One who creates design can apply for its registration.
- Many inventors/businesses wish to patent their inventions even before they are finalised through a provisional patent.
- Inventors and designers who have invented any original invention or invented with improved function can apply for its registration.
Businesses
Artists, Creative Professionals
Designer
Inventor
Inventor

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Reach
- Separate application has to file for protection in different countries and hence only effective in India
- Protection is available in most of the countries of the world.
- Design protection is obtained by filing an application in each country/region of interest
- It is a territorial right and therefore applicable within the territory of India and the separate patents required to be filed for each country where protection is required.
- It is a territorial right and therefore applicable within the territory of India and the separate patents required to be filed for each country where protection is required.
Territorial right
Most of countries
Territorial right
Territorial right
Territorial right

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Time Taken
- Trademark Registration usually takes 12-18 months to complete the process.
- It takes nearly 4–8 months to get a copyright if there is no objection in application filed.Otherwise it takes nearly 1–2 years depending on the application type.
- The time taken for design registration is as per the Design Act, 2000 and rules made there under.
- Patent registration takes a 2-3 years for completion of process. But the owner can claim right over a patent from the date of applying provisional patent.
- Patent registration takes a 2-3 years for completion of process. But the owner can claim right over a patent from the date of applying provisional patent.
12-18 months
4-8 months
Prescribed
2-3 years
2-3 years

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Governing Body
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- All the things related to registration of Copyright are done by Copyright Office, Government of India.
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
CGPDTM
Copyright Office
CGPDTM
CGPDTM
CGPDTM

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