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.
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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).
