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Provisional and Permanent Patent

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What is a Patent?

Patent is an exclusive right of any inventor that gives him the legal authority to prohibit others from making or using a particular invention. A provisional patent registration is the preliminary step towards filing a permanent patent. A provisional application is a brief synopsis which discloses the essence or the nature of the invention. It explains the patent in brief but not completely. Filing a provisional patent is very useful for inventors as it fixes the priority date and secures the invention so that nobody else can copy or claim authority over it. A Patent Registration gives patentee to get a patent of an intellectual property right to an innovation completed by an individual or firm. It additionally gives the proprietor more inclination over other individuals for that particular innovation.


What can be Patented?

The Patenting system in India is administered by the Patents Act, 1970 and The Patents Rules 1972 . A patent is approved by the India patent office which enables the patentee to keep up an monopoly for a limited time over the utilization and advancement of an invention.

An invention cannot be patented if:

  1. It is a scientific theory or mathematical method
  2. It represents an aesthetic creation, literary, dramatic, artistic work, or a computer programme
  3. It is a scheme or method for performing a mental act which doses not have any utility.

An invention must contain following three main qualities to be patentable:

  1. Novelty - invention should be new
  2. Innovative – needs to have an inventive step that makes the invention unique
  3. Usefulness/ Industrial utility – it should not be a mere prototype, it should be working and has to have some use.

What are the type of patents?

There are three types of Patents granted in india:

  • Utility Patent – This is the most critical sort of Patent it is allowed on the Functional part of the Invention. This type of Patent is requires an expertise in drafting of the application and indicting it before a Patent Office. The practical utility of the creation is secured.
  • Design Patent – This sort of Patent is conceded to the external appearance of the creation or invention. In the event that an design is of functional necessity then it can’t be enlisted for Design Patent.
  • Plant Patent – This type of Patent is granted for Plant variety made through asexual reproduction of plant varieties.

A Patent contains following things: –

  1. Title of the invention this is the brief description of the invention.
  2. Cross-reference to related applications if there are any invention which are found to be closely related to the subject matter under application for grant of Patent.
  3. Background of the invention
  4. Specification it should include Abstract, description, drawings and claims related to Invention.
  5. Abstract this is brief description of the invention and should not exceed more than 150 words according to Patent Rules, 2003.
  6. Claim(s) this is a techno-legal part of the Patent and It defines the scope of invention. As, It is a unilateral statement made by inventor in his own words to set boundaries for his patent.
  7. Drawings gives a visual description of the invention and often required by the Comptroller.

What are the documents required to apply for the patent?

PAN Card

Copy of PAN card of the Proprietor/Partner/Managing Director.

Nature of Business

Nature of Business

Power of Attorney

Power of Attorney - In signed form "TM 48"

MSME/SSI Certificate

MSME/SSI Certificate


What are the benefits of patent?

Asset Creation

Patent registration creates an intellectual property, which is an intangible assetfor patentee. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.

Legal Protection

Registered patent holders are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for unregistered inventions.

Helps in building image, goodwill and credibility in Market

If an invention is patented, indirectly gives the brand recognition and empower the business to charge a premium price to the customers. Especially, if a product that has great usefulness in the industry which will help to expand the valuation of the patentee’s business.

Frequently Asked Questions

Why should one patent the invention?

The patent filing is important to get exclusive rights over it. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies, the inventor must obtain a patent

What all information is needed while consulting a patent attorney?

History of the invention, possible prototypes, all the minor details about the invention. This is to make the inventive steps stated clearly and help them draft better claims for the patent. The draft should also include the most useful aspect about the invention with the technical drawings, illustrating the functionality of the invention. And whether it is a developed or improved version of an already existing patent.

Can a published or disclosed invention be patented?

No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application.

What are the criteria of patentability?

An invention needs to have these three main qualities to be patentable:

  1. Novelty - invention should be new
  2. Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique
  3. Usefulness/ Industrial utility – it should not be a mere prototype, it should be working and has to have some use.
How long is the provisional patent valid for?

A provisional patent is valid for one year from the date of filing. If the complete specification is not filed within that one year then the application gets abandoned.

What is a difference between a provisional patent and permanent patent?

A provisional patent is a temporary patent which is applied when the invention is not finalized and is still in the experimental phase. Application for the permanent patent is made when the invention is finalized and ready to be patented for 20 years.

Why should I apply for a provisional patent?

The provisional patent enables you to register your name against the invention even before it is finalized. The patent is awarded to the person who files it first rather than the person who invents at the first place. A provisional patent can be filed even when the invention is just at a conceptual stage.

Is the patent valid outside India?

A patent filed and registered in India is valid only in India. To register a patent in other countries, a separate patent application should be filed with the respective countries or through PCT. No patent is global.

How does a patent expire?

A patent filed and registered in India is valid only in India. To register a patent in other countries, a separate patent application should be filed with the respective countries or through PCT. No patent is global.

Is the patent valid outside India?

  1. The patent expires if it has lived its full term i.e. 20 years
  2. The patentee fails to pay the annual renewal fee.
  3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
  4. The patent is revoked.

What is the term of a patent?

In India, the term of a patent is for 20 years from the date of application.

is there any length restriction or limitation while drafting the provisional patent application ?

As such there are no restrictions, however, there are stipulated additional fees, if the (provisional) application draft exceeds 30 pages

Are there any government fees included by LegalWiz.in in the Package ?

No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.

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