Overview of Patent Provisional Registration
Under the Patents Act of 1970 when a person registers a patent. Intellectual property is then protected in the form of patents. Registration of a Patent prevents other individuals from infringing the new invention of the Patent holder. A Patent may be obtained on a Design or a process. Under the Patent Act, of 1970, there are two categories of Patent specifications in India. Under Section 9 of the Patent Act, of 1970, the Patents are specified under two categories which are Provisional Patents and Complete Patents.
A patent is an exclusive legal right of an inventor that allows or grants the inventor the legal authority to forbid other persons from using or making a specific invention. When an inventor makes an invention, and the invention has reached a phase where the invention is not totally complete but can be revealed on paper. So, in such a situation, the inventor files a Provisional Patent application for claiming a priority date for the invention.
The Registration of a Provisional Patent in India is the initial step towards the filing of a Patent. The Provisional Patent application is a short summary of the Patent which discloses the nature or essence of the invention of the inventor. It is basically an initial application that is filed before filing the complete specification of the Patent. The Provisional Patent application just explains the Patent in brief but not entirely.
The filing of an application for a Provisional Patent in India simply means that while disclosing the invention, the formal claims of the Patent do not need to be submitted. An application of Provisional Patent must be followed by an application of complete specification of the Patent. The full specification of the patent must be filed within 12 months of the filing of the provisional patent application. If the patent holder of the provisional patent does not file the full particulars of the patent within the prescribed time. The application will be deemed to be canceled. Filing an application for a provisional patent is very useful for inventors. Because it locks the priority date for the patent. The invention is protected from being copied or claimed by any third party.
Documents Required to Obtain a Patent Provisional Registration
The following documents must be file properly in the prescribed order for a Provisional Patent Specification application:
- Application for the Grant of Patent in Form 1 as per the Patent Act, 1970, and the Patent Rules, 2003;
- The Provisional specifications of Patent in Form 2 as per the Patent Act, 1970, and the Patent Rules, 2003;
- The Declaration of Inventorship of Patent in Form 5 as per the Patent Act, 1970, and the Patent Rules, 2003;
- A Power of Attorney given by the Patent Holder in Form 26 as per the Patent Act, 1970, and the Patent Rules, 2003. This form is necessary if the Patent application is filed by a Patent Agent, otherwise the form is not necessary;
- The Statutory Patent Fees in E-filling Fees as per the Patent Act, 1970, and the Patent Rules, 2003. The mode of payment is electronic;
- The corresponding statement of the application of Foreign Patent and undertaking related to such application in Form 3 as per the Patent Act, 1970, and the Patent Rules, 2003;
- The document related to Priority Date. This document is used for international application or convention applications if the priority dates of foreign applications are already claimed;
- The Diagrams or Illustrations related to the invention.
FAQs About Patent Provisional Registration?
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