Provisional Patent

What is a Provisional Patent?

A provisional patent is a preliminary step and is obtained to get protection before being able to file a complete patent. To get a complete patent, a lot of details of the design and its specifications are required. When a person is involved in R&D even if they do not have a fully formed design or process that is patentable, they may obtain a provisional patent to protect their work.

Compared to a complete patent a provisional patent has shortcomings, especially upon the period of protection given to the intellectual property that has been provisionally patented. The main reason for allowing provisional patents is to provide security and a form of interim protection to investors and inventors until they are fully able to pursue a complete patent.

In India, a provisional patent application is a legal document filed with the Indian Patent Office that establishes an early filing date for your invention. It's a way for inventors to quickly protect their invention without having to provide all the details and claims of the invention. The provisional patent application serves as a temporary placeholder and provides the applicant with 12 months to file a complete patent application (i.e., a non-provisional or complete specification) that fully describes the invention in detail.

Here are the key points about provisional patent applications in India:

1. Basic Description:

• A provisional patent application requires a basic description of the invention. While it does not require formal claims or detailed drawings, it should provide enough information to enable someone skilled in the field to understand what the invention is about.

2. Early Filing Date:

• The filing date of the provisional application is crucial. It establishes your priority date, which is important for determining who was the first to invent in case there is a dispute later on.

3. Priority Date:

• If you later file a complete specification within 12 months of filing the provisional application, you can claim the benefit of the filing date of the provisional application for your complete application. This means any developments or similar inventions made by others during that 12-month period cannot be used against your application.

4. Incomplete Specification:

• Since a provisional patent application does not require the same level of detail as a complete application, inventors can file it quickly and at a lower cost. This is particularly beneficial when an inventor needs to disclose the invention (for example, in a presentation or to potential investors) before the complete details are fully developed.

5. Converting to a Complete Application:

• Within 12 months of filing a provisional application, you must file a complete specification to maintain your priority date. If you do not file a complete application within this time frame, your provisional application will be considered abandoned.

6. Benefits of Provisional Patent:

• Time to Develop the Invention: It provides inventors with time to further develop the invention, conduct market research, and assess the commercial viability of the invention before committing to the higher costs of a complete patent application.
• Lower Initial Costs: Provisional applications are generally less expensive to file compared to complete applications, making it a more affordable option for inventors, especially startups and small businesses.