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Provisional Patent Application

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A provisional patent is an application informing the corresponding authorities regarding the innovation and its ownership. It protects innovation and the applicant.

Here’s How It Works

Provisional Patent Application Process

Here’s What You’ll Need

Different forms and documentation must be submitted with a temporary patent application. When filing a provisional patent, the following forms must be submitted.

  • Form 1: A patent request should be made using this form. It must be signed and submitted before six months of filing a provisional patent. The applicant must fill out this form completely before signing it, including all pertinent information and the names of the inventor, and the type of innovation.

  • Form 2: These forms' specifications are provisional. The words ‘provisional patent’ must be written alongside the applicant's name and job title. This format must also be used to describe the innovation.

  • Form 3: Submit comparable application for international patents

  • Form 5: This form contains the statement of inventorship

  • Form-26: A power of attorney for the patent agent has to be provided. Within six months of the application's filing, it must be submitted.

  • Form-28: The innovation's design, drawing, or sketch must be supplied with the same details (not required in the case of a process).

    Our team of experts have experience of handling all the legal specialists and the paperwork for more than 1000 firms and Limited Liability Partnership companies each month.

    FAQ's

    A provisional application can be made while the invention is still in the testing stage. A tentative specification is advantageous to the inventor since it helps establish the invention's priority date.

    Provisional patent applications are valid for a year. The applicant should provide all the detailed specifications along with the filing date to benefit from filing a Provisional Patent application.

    Because a claim is not necessary, many provisional patent applications can be submitted by innovators without the assistance of an attorney. Because there is only one filing fee for each application, which ranges between ₹75 and ₹300, costs are lower.

    Yes, in addition to offering a provisional patent, an applicant may grant a license to a third party for the rights detailed in his provisional patent application.

    Utility, design, and plant patents are three separate sorts of patents. Anyone who creates a new, useful method, apparatus, manufactured article, composition of matter, or any new, helpful enhancement thereof, may be granted a utility patent.

    Even without formal patent claims, filing a provisional patent application online in India is possible. The goal is to provide investors with a low-cost way to safeguard their findings in the interim before determining whether to seek a full patent.