Provisional Patent

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PROVISIONAL PATENT

Provisional patent application refers to the application for patent registration where your concern is to protect your ownership over your invention while it is still developing. In this instance, while you are filing the patent application, you are providing the provisional specification of the invention.

It establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.

The first step is drafting the proposal, within this proposal; the focus would be towards providing the details about the invention like name of the invention, Purpose of the invention, Invention’s objective, why it should be patented, Provisional specifications of the invention. And then file the application of provisional patent with the following documents:

  1. Form 1: The application of the grant of a patent
  2. Form 2:The form to specify provisional specifications
  3. Form 3: Statements of Foreign patent applications (if you have applied for them)
  4. Priority Documents:These documents are the major reason for filing the provisional patent. It allows you to have the priority argument of patent registration.
  5. The last step is filling the patent application and applies for it at the IPR office

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Scrutiny of Documents

Application drafting and submission.

PROCEDURE FOR PROVISIONAL PATENT

Draft the proposal

Scrutiny, verification and filing of the application of provisional patent.

DOCUMENTS REQUIRED FOR PROVISIONAL PATENT

Application of the grant of a patent

The prescribed form to specify provisional specifications

Statements of Foreign Patent (if applied any)

BENEFITS FILING A PROVISIONAL APPLICATION FOR PATENT

Lower cost and faster preliminary process

Establishes an official USPTO filing date

One year to assess the commercial viability of your invention

Use of the "patent pending" notice

Extending the patent term

Confidentiality

FAQ

A provisional patent specification is a preliminary application before filing a usual patent. It explains the invention in a broad manner but not completely. It is the document which may be filed before a Complete Specification in the Office of the Controller of Patents pertaining to a prospective patent.
A provisional patent allows you to stake a claim on your invention. Once the patent is issued, it has a lifespan of 20 years starting on the date the non-provisional patent application was filed. Provisional patent applications are never published, so you never have to worry about confidentially being compromised.
Provisional patent applications do not get examined and cannot be rejected. Your application will remain pending for one year. A non-provisional application must be filed within that year in order to claim the benefit of priority to the provisional application.
Yes, you can sell provisional patent applications. You can also license them. I should also note that you can sell an invention even before you have filed a provisional patent application if you sell it as a trade secret.
Provisional patent applications are not published.

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