Provisional Patent

INTRODUCTION

A patent is a right to exclude others from making, using or selling an invention. It is given to encourage innovation. In India patents are regulated by Indian Patents Act, 1970 (“Act”). Any invention of product or process which is new and involves inventive step and is capable being applied industrially can be patented in India. Section 9 of the Act allows for a provisional patent which is obtained to get protection before a complete patent is filed. The procedure for registration of a provisional patent is as follows:

PROCESS

1. First a basic application is to be filed accompanied with a form within 6 months
containing the relevant information.

2. Next, another form containing the provisional specifications is required to be filed along with a description of the invention.

3. Lastly, a declaration of ownership along with a power of attorney to be submitted in addition to e-filing fees.

ADVANTAGES / FEATURES

1. It is more cost effective than filing a complete patent.
2. There is interim protection of year once the filing is approved.
3. It allows for use of a tag of the following nature “Patent Pending.”
4. If a person wished to abandon a patent the same can be done without bearing the cost of a complete patent.

DOCUMENTS REQUIRED

1. Name of inventor, type of invention, provisional specifications of patent, description of the invention and declaration of inventorship.

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