Provisional Patent - LegalDisha

Frequently asked questions

What do you mean by patent registration?

The patent is an Intellectual property providing exclusive right to its owner to prevent others from using, importing, selling , or creating the invention for a certain restricted period without seeking prior permission of the owner.
Registration and protection of Patent in India is govern by The Patent Act, 1970. The Patent is used for protection of the original inventions similar to machines, manufacture, processes, the composition of matter, and its improvement.
When the application for patent is filed and the patent is granted then the applicant shall becomes the exclusive owner of such registered invention.

What is the eligibility for filing an patent application?

The Patent application shall be filed by any individual /business enterprise who or which either be true and the first inventor or by the assignee of the inventor.
In case the inventor is deceased then its legal representative may apply for the patent. Such application may either be file itself or together with any other person.

What are the minimum requirements to get patent registered?

A Patent is granted by the government for the invention fulfilling the below mentioned requirements:

NOVELTY: The innovation must be new and One cannot patent an already publically available invention.
UNAPPARENT: It means the product or process must be invented and it should not be apparent to a skilled person otherwise it is not patentable.
USEFULNESS: The new invention, process or product must be useful and must be apply to or applicable in the industrial process.

Therefore Every invention is not eligible for granting patent registration, thus for registration the invention must satisfy certain criteria mentioned above to be patentable in India.

What status tag is associated with provisional patent?

Tag “Patent Pending” is associated with provisional patent. The Applicant would be able to use ‘Patent Pending’ tag on its product any time in 12 months after acceptance of provisional patent application by the registrar.

When provisional application should be convert to complete patent application?

An applicant must convert its provisional application to complete patent application, by filing a complete patent application within 12 months of the provisional application’s filing date.

Can an applicant file more than one provisional application?

Yes, applicant is eligible to file more than one provisional application for the same invention.

Is it necessary to file provisional patent application?

No, it is not necessary to file provisional patent application, one can file application directly with complete specification.

Do the applicant requires to present physically for registration?

No, You are not required to be physically present for the registration process.

Difference In All IPR

BASIS OF DIFFERENCE	TRADEMARK Register Now	COPYRIGHT Register Now	DESIGN Register Now	PROVISIONAL PATENT Register Now	PERMANENT PATENT Register Now
PROTECTION	Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others.	Creative or Intellectual Creations It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc.	Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
PROTECTION VALIDITY	10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years.	Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author.	10 Years Valid for 10 years from the date of its registration.	1 Year Validity of Provisional Patent is for 12 months from the date of filing application of Patent. Within 12 months Documents has to file for permanent patent otherwise it will be abandoned.	20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed.
EXCLUSIVE RIGHTS OF OWNER	Brand w.r.t. Product /Services Use of trademark within the applied class. Protection from unauthorized use and give right to sell the brand.	Distribution of Copies & Perform Work Publicly Right to reproduce the work, to perform the work publicly, to distribute copies, to prepare derivative works and to display the work publicly. Copyright owner has authority to assigning, transfer the work by licensing, and other forms of transfers.	Authority to Use, Sell, Make Etc. It gives authority to Use, sell, make, offer for sell, import the registered design.	Protection from copy of idea Protect from copy of the invention or infringement of Patent.	Authority to Use, Sell, Import Etc. Provide right to Use, sell, import, make with patented idea.
APPLICANTS	Businesses Application made by business owners or owners of product.	Artists, Creative Professionals Artists, Author, Choreographers, Creative Professionals, Architect.	Designer Creator of design.	Inventor Many inventors/businesses who wish to patent their inventions even before they are finalized through a provisional patent.	Inventor Application by Inventors and designers who invented any original invention or with improved function.
SYMBOLS ASSOCIATED	TM & ® TM – Registration under process. ® – Registered Trademark.	© © is the symbol of copyright.	NA No symbol to represent Design.	NA No symbol to represent provisional Patent. Can use tag 'Patent Pending' on product any time in 12 months.	NA No symbol represent registered Patent.
EXAMPLE	Brand’ “Apple ”, Logos – the Half Cut Apple Puma, Dairy Milk, Coca Cola etc. are the brand names.	A Copyrighted Book Music, pictures, songs, darling etc.	Ornaments Packaging and shape, graphic symbols, composition of lines etc.	Technology Inventions in pharmaceutical industry.	Technology New computer programs inventions. New invention in pharmaceutical industry.
TIME TAKEN	12-18 Months It takes 12-18 months to complete the process.	4-8 Months It takes nearly 4–8 months to get a copyright. (Without objection) Otherwise nearly 1–2 years.	Prescribed As per the Design Act, 2000 and rules made there under.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.
TERRITORIAL REACH	Territorial Right Only effective in India and separate application has to file for protection in different countries.	Most of Countries Available in most of the countries of the world.	Territorial Right Design protection is obtained by filing an application in each country/region of interest.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.
GOVERNING BODY	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	Copyright Office Governed by Copyright Office, Government of India.	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

Identity Proof

Details of Inventions

Provisional specification

Declaration

Power of Attorney

Provisional Patent Registration

Get Your Invention Patented Now

DOCUMENTS REQUIRED FOR PROVISIONAL PATENT REGISTRATION