PROVISIONAL PATENT REGISTRATION

 

Basic Concept

 

One of the most important legal documents while applying for patent registration is Provisional Specification or Complete Specification. Provisional specification is filed along with a patent application if the Applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Hence, Provisional Specification are akin to draft specification filed mainly to secure a priority date for the Application over any other Application which could be filed in respect of the same invention being developed by a competitor.

 

A Provisional Specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, object of the invention and statement of the invention. In provisional specification, claims are not included. Claims are normally included only in the complete specification.


LEGALRAJ can help you file a Provisional Patent Application. The average time taken to file a provisional patent application is about 15 - 20 working days, subject to government processing time and client document submission.

 

Advantages to Register Provisional Patent

 

1. Legal Protection: Patent protection is not enforceable for inventions that are not registered. Hence it is recommended to register a patent instantly. Only patent holder can sue for damages in case of patent infringement.

 

2. Global Patent Protection: A patent registration in India can be used as the basis for patent registration in other countries. Foreigners and Foreign entities can also register their patent in India.

 

3. Competitive Edge: Patent registration provides a unique competitive edge for business. Competitors will not be allowed to use the patented invention for similar goods or services.

 

4. ​​Validity: Patent registration is valid for 20 years from the date of filing of Patent Application, irrespective of whether it is filed with provisional or complete specification.

 

5. Intellectual property: After registration, patent becomes intellectual property, which is an intangible asset for an organization. Registered patent can be sold, franchised or commercially contracted.

 

How we help with Patent Registration

 

1. Application Preparation: Our Patent Expert will prepare the patent application for your business based on your requirements and information.

 

2. Application Filing: Once the patent registration application is prepared and signed by you, we can file it with the Patent Office electronically.

 

3. Application Tracking: Once the patent application is filed with the Registrar, the Government processing will start.