Provisional Patent Application
Provisional Patent application means an application filed by the applicant along with patent application if the applicant feels that the invention, creativities reached a stage wherein disclosed on paper but not attained the final stage. At the time of patent registration, the most important document file along with the provisional patent application is provisional patent because the same invention being developed by a competitor so the provisional patent secures the priority date for the application over any other application which could be filed in respect of the same invention.
The provisional patent application contains the title and all details of inventions such as an object, duration, the background of inventions. It gives an inventor the opportunity to reserve an application date before submitting a formal patent application. The process of applying for a provisional patent application is less formal than a regular patent application.
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 specification are required. When a person is involved in R&D even if they do not have a fully formed design and 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 patent is to provide security and a form of interim protection to investors and inventors until they are fully able to pursue a complete patent.
Advantages of a provisional patent
When it’s about filling for a patent, many factors such as cost of filling, date of filling, protection period etc come into play. Therefore filling a provisional patent renders the following advantages:
- Cost-effective: The provision for provisional patents is given under that act to ensure that in the case where the investor/inventor does not have the financial threshold to file for a complete Patent or hire a patent agent, they are given time to do so. The cost of filing for a provisional patent is considerably lower compared to that of a complete patent.
- Protection from infringement: Filing your patent in the form of the provisional patent has the benefit of protection for 12 months from the date of filing. This time is sufficient for the inventor to focus on the amendments, growth, and specifications of the invention to make it public.
- Tag: While filing your own patent, one can use the “Patent Pending” tag in the case of copying of ideas or design. This helps in taking legal actions against the other person violating the laws.
Filing a Provisional Patent Application
While filing your application for a provisional patent, one must provide the following details:
- Name of the invention (design/process)
- Provisional specifications
- Objective, purpose, target audience and industry of the invention
- A detailed description of the invention
Summing it up, the inventor has to provide a brief detail and report of the invention and its use.
What Is a Provisional Patent Application (PPA)?
A provisional patent application is a documents issued by the U.S. patent and trademark office (USPTO) that helps protect a new invention from being copied during the 12-months period before a formal patent application is filed.
It is intended to give an inventor time to pitch the idea, test its commercial feasibility, or refine a product before committing to the expensive and time-intensive process of a formal application.
The “patent pending” label on a product indicates that a provisional patent application has been submitted.
Filing provisional patent- The procedure
To file a provisional patent application, one must submit a series of forms and documents. Documents needed to file for a provisional patent include:
Form 1: This form is used for application for grant of patent. It must be signed and submitted within 6 months of the filing of the basic application. All the relevant information in this form such as the name of the inventor, type of invention etc. needs to be filled and the applicant must sign at the end of the form.
Form 2: This form will contain provisional specifications. You must write ‘PROVISIONAL SPECIFICATION’ and mention the title, name of the applicant. Also, in this form you must give a description of the invention.
Form 3: A form used for corresponding foreign patent application (only required if there is a foreign patent application).
Form 5: It serves the purpose of declaration for the invention.
Form 26:Declaration for the power of attorney to the patent agent.
Form 28:A form to claim as a small entity (only if required)
Basic Features to Read before starting private limited company
A private company is required to add the word “Private Limited” or “Pvt. Ltd.” to the end of its name. A private company should have at least two members and two directors. The private company has the right to issue debentures to any number of persons.
Features of Public Limited Company
MCA provides the facility for the incorporation of public limited companies. For incorporation, firstly apply for name through RUN (Reserve Unique Name) on the MCA portal. After the availability of name from ROC we should file incorporation form i.e. Spice 32, INC 33(for eMOA), INC 34(for eAOA), .
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