File a Provisional Patent

File a Provisional Patent

  • For protecting your inventions
  • Avoid Infringement
  • Simple and Secure Online Process
  • Dedicated Professional
  • Hassle-Free Process
  • Get Registration in 4-5 days

    • Talk to Expert: +91 90797 59095

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    File a Provisional Patent

    Introduction of Provisional Patent

    Patent is a right provided to an individual whether natural or artificial by the government through the Patent Act which restricts otherspersons from using/selling/ importing the patented product or process without prior approval of the inventor.

    The first step of Patent protection is Patent filing where an inventor protect his/her invention nd ideas from being misrepresented by the any other person. Under Patent Act, 1970 patent can be protected by filing patent application either with provisional specification or with complete specification.Following the description of permanent specification.

    A Provisional Patent application is aninterim step for obtaining a patent. It is an effective step because a person can market the said invention without any fear of losing his/her patent right procuring the cash in order to proceed with development and other patent operations. For increasing the chances of obtaining patent registration, a provision specification can be filed along with the patent application if the applicant/inventor feels that the said invention has reached a stage wherein it can be disclosed on paper but has not attained its final stage.

    Compliance Sagar has team of experts providing you the right legal guidance and best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to securing the Provisional Patent.You may get in touch with our team on +91 90797 59095 or email cssunil93@gmail.com Provisional Patent Registration.

    Advantages to File a Provisional Patent

    Provides exclusive right even at early filing
    As soon as application is filed by the inventor i.e. either the Provisional Patent Application as it grants security and surety that no other person shall have a right to claim the same invention, exclusively within 12 months.So if any other person files the a similar Application it would not be admissible and will be rejected for the filing period.
    Authorizes complete freedom of reforms
    The patent granted to the inventor offers the complete freedom to use their own ideas for the valid duration for 20 years in India. During the said no other person can use/ sell/ modify the invention without owner's permission and also the inventor has a right to file case against the unauthorized user for using their ideas leading to infringement.
    Generating ROI (Return on Investment)
    The Patent can also be assigned If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can do so. The patent rights allows to commercialize the invention thereby earning a good return on investments.
    Giving a good market status
    The patent Act allows the inventor to create a public impression and improving his/her portfolio by bringing the invention in the public domain. Further it also helps in building the reputation in the market along with the good customers relationship which helps in earning profits.
    Allows public disclosure
    Sharing the information publically not only builds up the inventors portfolio but also increases the company’s funds, business partners, and market value and making the invention available in public will demonstrate the good command over the invention and specialization in the technical subject-matter. It will also benefit the inventor thereby attracting leading investors, business partners and customers.

    Minimum Requirements

  • Patentable subject matter which is decided in accordance with section 3 or 4 of the Patent Act List
  • Novelty which means it should be new invention with no same or similar prior arts.& it should not have been published in a public domain
  • The step taken for registration must be an inventive step not is an obvious to a person skilled in the same filed to which such invention relates.
  • The invention must have a practical utility which means it should be capable of being applied in any industry.

    • Documents Required to File a Provisional Patent

  • Title of the Invention
  • Technical aspects of the Invention and drawing copies in case provisional specification is filed
  • Description of the Invention
  • Certificate of incorporation/MSME or Startup registration Certificate(other than individual)
  • Claims of The Invention
  • ID and Address Proof of Applicant and Inventor

    • Process of Registration of Design

    1. Complete the Questionnaire : We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of Patent.
    2. Requirement of Documents : Basic documents as stated in the above paragraph in accordance with the questionnaire provided are required along with an authorization letter which is to be signed by you. This process may take up to 1-2 working days.
    3. Conducting Patent Search : After receipt of documents we will conduct a Search for patentability of the invention on the basis of which your application will be drafted.
    4. Drafting of Patent Application : On the basis of information received our experts will draft the application for you with complete specification including the claims and along with the other necessary information and same will be filed to the Patent Office in India.
    5. Patent Submission : After the said submission it will be published in the official journal and after the said publication examination is requested and the Patent is granted post satisfaction of the examiner.

    Additional Information

    Any person stating to be the owner or proprietor of new and original design which is not previously published anywhere and which is also not contrary to the public morality, can apply for the registration of the same.
    However, for getting a design registered, it must fulfill the following conditions:-

  • It must be newly invented and original in nature
  • The design should relate to features of configuration, shape ,pattern or ornament applied to an article
  • The design applied to any article must be by an industrial process;
  • The design must appear on the final product and must be clearly visible
  • It should not deal with anything which is covered under the trademark, copyright or patent registration.

    • Identification of the Design Class In order to have a systematic design registration, the design classes have been bifurcated into 32 classes and further subclasses. It is very important to recognize the exact class and apply for design registration. Our team will help you in classifying the class of design registration.
    Prior Registration by any other entity It is very important to get the design searched whether it has been previously registered or not. The Design Office works on same by filing the applicable form with the requisite govt fees.

    How Patent is Different from Trademark and Copyright

    S. NoBasisTrademarkPatentCopyright
    1.Governed ByTrademark Act, 1999Patents Act, 1970Copyright Act, 1957
    2.Used to ProtectProtection of the unique name that signifies a brand distinct from other. It Can include name, slogans, logo, shape, colours etc.It Protects of inventions that are novel and original and also has industrial utility.It Protects the original creative expressions like the literary works, artistic works, dramatic works etc.
    3.ValidityIt is Valid for 10 years which can be made perpetual by renewing the same trademark every 10 years.It is Valid for 20 years which starts from the day the application was first made. It is also a territorial right which effective only within the territory of India.It is Valid for life time of the author including 60 years after his/her death.
    4.SecuresIt secures the brand under which the said product or services are soldIt secures the inventions which are useful for the world.It secures the creative or the intellectual creations.
    5.Existence of rightAs soon as it is registered the applicant of the mark is entitled to claim complete right over the said mark.It takes a long time to get it registered but the owner of the patent can stop any other from claiming the right over the said particular patent and the moment he/she applies for provisional patent.The Exclusive rights of the owner is created at the moment the authorship creates the work.
    6.Provisional Application requirementIt does not include any provisional application, but it requires a trademark search.Here provisional application can be made which gets you 12 months of time to file a complete specification which is final, and a priority date claim.No provisional application required.
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