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Provisional Patent Registration
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Access our network of patent professionals to guide you through the complexities of provisional patent filing in India.
Note:
- The shown price is generally professional fees applicable for an individual. Government fee for filing is 1,600 for individuals, and is generally additional.
- Click the call button to connect with the expert to discuss your requirements and get the full fee schedule.
Provisional Patent in India - Summary
| Key Aspect | Details |
|---|---|
| What is it? | A provisional patent application (PPA) is a legal document that secures an early filing date for your invention and allows you to use the term "patent pending" for 12 months. |
| Benefits | "Patent pending" status, protection of patent rights, additional time to refine the technology and a cost-effective way to start the patenting process. |
| Documentation Required | A detailed description of the invention, covering its purpose, process, functionality, benefits, and applications. |
| Process | Prepare documents, file the application online at the Indian Patent Office's website, and pay the required fees. Or hire a patent expert, explain the technology, and let them handle everything. |
| Timeline | The applicant has 12 months from the date of filing the Provisional Patent application to file a complete patent application. |
| Cost | Varies based on the type of applicant - lower fees for individual inventors and startups, higher fees for larger entities. Government fee for provisional patent application starts at 1,600 and professional fee starts at 5,999 onwards. |
| Pros | Gives time to perfect the invention while preserving patent rights, allows for "patent pending" status, and is less costly than a complete patent application. |
| Cons | Temporary in nature, does not grant a patent, and if the complete patent application is not filed within 12 months, the provisional patent application gets abandoned. |
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5 Step Provisional Patent Filing Process
A Comprehensive Guide to Provisional Patent Registration in India Online
Innovation is the cornerstone of growth and development. It's the fire that fuels the engine of progress. But like any flame, it needs to be safeguarded and nurtured. For inventors, this protection comes in the form of patents. This comprehensive guide is crafted meticulously to enlighten you about one specific type of patent - the provisional patent, with a focus on how to obtain provisional patent registration in India online.
Provisional Patent Registration in India Online: Unraveling the Mysteries
Often, the world of patents and intellectual property rights can seem like a maze. However, registering for a provisional patent online in India is a straightforward process. So, buckle up and let's navigate this path together.
Why Opt for a Provisional Patent?
A provisional patent application (PPA) is like securing a placeholder for your invention. It gives you a period of grace, typically 12 months, to perfect your creation and submit a full-fledged complete patent application. This early bird move is especially useful when your innovation is still a work in progress.
The Digitalization of Intellectual Property: Going Online
Nowadays, everything is just a click away, and patent registration process is no exception. The Indian Patent Office offers a smooth online service for provisional patent registration, making it a time-efficient and user-friendly process.
The Benefits of a Provisional Patent Registration
Going the provisional route has many benefits. Let's explore these perks a bit more.
1. Claiming "Patent Pending" Status
Upon submitting a provisional patent application, you earn the right to use the term "patent pending." This phrase packs a punch. It alerts others to the fact that your invention is in the patent pipeline, deterring them from attempting to copy it.
2. Preserving Your Rights while Perfecting Your Invention
A provisional patent application buys you time to develop and refine your idea without the fear of losing its patentability. This is crucial in the competitive world of innovation, where the race to the patent office is often as fierce as the race to the marketplace. Furthermore, you have 12 months to experiment and finalize the invention and file the complete patent application.
3. Cost-Effective Approach
Compared to a non-provisional patent application, a provisional patent application is less complex and thus more affordable. It's a budget-friendly option, especially for startups and individual inventors.
Navigating the Process of Provisional Patent Registration Online
Here's the good news - the process of filing for a provisional patent online in India is relatively straightforward. Let's break it down.
Documentation: Preparation is Key:
Before you dive into the online application, ensure that you have all necessary documentation ready. This includes a detailed description of your invention, covering all aspects from its purpose, process, and functionality to its benefits and applications.
Filing the Application: Making Your Mark
Once you have all the required details, head to the Indian Patent Office's official website. Here, you can fill in your details, upload your documents, and pay the required fee. It's as simple as that!
Post-Application Process: Waiting Game
After submitting your application, the waiting game begins. However, this time should be utilized to perfect your invention and prepare for the Complete patent application.
Furthermore, the patent process in India can take 3-5 years after the filing of the provisional patent application. You can learn about the patent process in India here.
The Timeline: What to Expect
Typically, once you file a provisional patent, you have 12 months to file a Complete patent application. Failing to do so will result in the abandonment of the provisional application. Therefore, it's crucial to use this period productively and plan for the next steps.
The Cost Factor: Budgeting for Your Patent
Provisional patent registration fees in India vary depending on the type of applicant. For instance, the fees are relatively lower for individual inventors, startups and MSME's compared to larger entities. It's important to factor in these costs when budgeting for your patent journey.
When availing a patent agent or a lawyer, there is professional fee involved as well. Typically, majority of the costs of a patent application is the professional fees.
Understanding the Pros and Cons
Like most things in life, provisional patent registration has its share of pros and cons.
The Bright Side: Pros
As discussed earlier, the benefits of a provisional patent application include the "patent pending" status, protection of patent rights while perfecting the invention, and a cost-effective approach.
The Other Side: Cons
The downside of a provisional patent application lies mainly in its temporary nature. It doesn't grant a patent but only holds a place for it. Also, if the complete patent application is not filed within 12 months, the provisional patent application becomes void.
In Conclusion: The Power of Provisional Patent Registration
Provisional patent registration is a potent tool in the innovator's arsenal. It offers a practical and cost-effective way to secure a place in line at the patent office while providing time to enhance your invention. So, if you're on the brink of a breakthrough, it's worth considering the online provisional patent registration route in India through patent agents, lawyers and professionals on Zatapult.
Frequently Asked Questions (FAQ's)
What is the validity of a provisional patent?
A provisional patent holds a 'patent pending' status for a period of 12 months from the date of filing.
Is a patent professional's help required to file for a provisional patent registration in India?
While not mandatory, a patent professional's help can ensure that the application process is handled smoothly and efficiently and the chances of a successful grant is increased.
What Happens After I Submit My Provisional Patent Application?
Once you submit your PPA, you acquire "patent pending" status for your invention. You then have 12 months to submit your non-provisional patent application.
What happens if I don't convert my provisional patent to a complete one?
If you don't file for a complete patent before your provisional patent expires, you lose the 'patent pending' status and your invention is no longer protected.
Can I Sell My Invention with a Provisional Patent?
Yes, you can commercialize your invention during the "patent pending" period. However, remember that the PPA only preserves your rights and doesn't grant a patent. Therefore, the protection it offers is limited.