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Patent Provisional Registration

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Patent Provisional Registration

 

PROVISIONAL PATENT REGISTRATION– HAVE AN EDGE OVER OTHERS

The Patent is the right given by the government to the inventor of a creation granting exclusive rights to the patentee. The registration of the patent is done through complete specification or a provisional specification. Filing for provisional specification when the inventor is in the path of reaching the end result will improve the chance of the product being patented. The application for provisional registration must contain the title of the product and its description. The claims are only included in a complete specification and not in the provisional specification.

eStartIndia comprises of best professionals who would help draft and file a provisional patent registration before the Controller. We offer assistance to various performances like company registration, trademark registration, patent registration, copyright registration, and other connected services.

eStartIndia will help you with all patent registration and other connected services from the comfort of your home by offering you services that are specialized and tailored as per your requirements

Get a free Consultation for Provisional Patent registration with Our Top Rated Experts with a simple registration.

 

WHO CAN APPLY FOR A PATENT PROVISIONAL REGISTRATION

A true and first inventor of the product, the authorized agent of the inventor or at times even legal representative of the inventor can apply for registration of the patent.

A Provisional patent application is filed generally when the invention is on the verge of completion and the inventor is sure of its results.
The inventor can file the provisional application to secure the priority date and to have an edge over others.

 

ADVANTAGES OF PROVISIONAL PATENT REGISTRATION

Secures Priority date: Filing provisional patent application helps secure priority date and the applicant have an edge over the other who files an application after filing of a provisional application by the applicant.

Less Cost and less formality: The cost of filing the provisional patent application is much less than the complete application. Also, it has lesser formal requirements than complete specification.

Extended validity: One year time period is given to the applicant to file the complete specification, so we can say that by filing provisional application validity is extended by one year or in another word we can say that a delay/extension of one year is given to complete the specification.

 

DOCUMENTS REQUIRED

  • IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhaar card, ration card or passport).
  • Form 1 (Application for grant of a patent).
  • Form 2 (Provisional specification).
  • Form 26 – Form for authorization of a patent agent ( when an agent is applying on behalf of the inventor).
  • Form 28 – (in case the applicant is a start-up or small entity).
  • Priority documents (when the registration on the basis of any foreign registered patent intending to enter the Indian market).

Registration Process

PROCEDURE TO APPLY FOR PATENT REGISTRATION

Click here to read more about “Patent Registration”

Click here to read more about “design Registration”

The procedure is governed by the Patents Act 1970 which is as follows:

Step 1

Prepare an application: the patentee has to create an application to file at the patent office. The application must be accompanied by relevant documents and forms. eStartIndia will assist you in preparing your application ensuring best quality and effectiveness.

Step 2

Filing of Complete application: After filing a provisional application, the complete application has to be filed within 12 months otherwise the application shall be abandoned.

Step 3

Advertising the application: After scrutiny, the Patent Office will publish the application in the patent journal to call for any opposition and it will appear in the patent journal generally for 18 months.

Step 4

Examination: A special request has to be filed before the Office to conduct examination and if the Controller raises any objection, a hearing will be conducted to conclude with a decision

Step 5

Granting Of Patent: Once the officer is satisfied with the documents of the patent application it will be entered in the official gazette as granted.

FAQs

It is filed before a complete specification to reserve a filing date that will improve the chance of getting the product patented. This is usually done when the investor feels that the process can be put to paper but not ready to be finalised.

 

A complete specification has to be filed within 12 months from the date of grant of provisional registration.

 

The database of patents will provide every detail of existing inventions and application received. The applicant can conduct a search in the database using keywords.

 

It can be objected within 6 months from the date of publication in the journal in form 7A and 12 months after the grant of the patent.

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