Provisional Patent Application

Securing patents for new inventions and processes is a vital strategy for businesses, as the “first to file” rule applies. Consequently, many businesses seek to patent their inventions before finalizing them, using a provisional patent application. This is a crucial legal document when applying for patent registration, as it increases the likelihood of successfully registering the patent when the invention is finalized. It secures a priority date over similar inventions that may be developed and patented by competitors.

The provisional patent application must include a title and description of the invention. The permanent patent application must be filed within 12 months; otherwise, the provisional patent application may be abandoned

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Overview

Advantages

Process

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Patent Search in India – An Overview

A patent grants the owner of an invention or process the exclusive right to use, make, import, sell, and more, while restricting others from doing the same. To be granted a patent, the invention or process must pass three tests: it must be inventive (i.e., not obvious), novel (i.e., not already described in a published document), and industrially applicable (i.e., have practical utility).

Before applying for a patent, a preliminary search must be conducted in a database of already granted patents to determine whether the intended invention or process is similar to an existing one. This search is known as a prior art search.

The Indian Patent Advanced Search System, or PASS, provides patents. While the database is user-friendly, an expert in the field can improve accuracy and expedite the process.

Advantages of Patent Search

Filing for a patent in India offers numerous advantages.

  • Patents incentivize inventors by providing exclusive rights to their creations. With a granted patent, the inventor has complete control over their invention, protecting it from unauthorized use or replication.
  • A registered patent can be utilized as intellectual property by the inventor, who has the freedom to transfer or sell it at their discretion. This enables patent holders to effectively safeguard their rights.
  • Patents, being a form of intellectual property, can be bought, sold, or leased out at the owner’s discretion. Furthermore, the patent holder may transfer it as an asset or property to another individual.
  • Having a patent-protected product or process creates a positive perception among consumers and can boost a business. With a patent, the company can charge a premium price for their commodity, as they hold exclusive rights to it.
  • By registering a patent, the holder gains significant power for 20 years or more.

Steps Involved in Registering a Patent in India.

If you have invented something new or have improved an existing invention, consider registering your patent in India. The Indian Patents Act allows for the grant of a patent for any new invention involving an inventive step capable of industrial application.

For Indian Patent Register , you must file a patent application with the Indian Patent Office. The application must include a description of the invention and claims defining the scope of protection sought. You will also need to pay the prescribed fees. Once your Indian Patent Register application has been filed, it will be examined to ensure it meets the required criteria. If it does, your patent will be granted and published in the Indian Patent Gazette. Your patent will then remain in force for 20 years from the date of filing your application.

Documents Required

For patent filing in India, the following documents are mandatory

  • Detailed specifications (in English)
  • Diagrammatic representation of your inventions
  • Names, addresses, and nationalities of the inventor
  • Applicants’ names, addresses, and nationalities
  • If the application is filed with the help of a patent attorney, then the legal authority should be submitted
  • The signature of the inventor has to be present on all the assignment dates and application form
  • Along with this data, all the information regarding similar applications filed in different countries has to be provided
  • The priority application is to be verified in English (required for convention applications)
  • And a verified PCT application in English should be submitted. A patent agent can also conduct the verification on behalf of the applicant
  • Any form of priority application should be provided at the controller’s request. This is technically followed for convention applications, but in some cases, it is also used for national application
  • List of sequences in computer-readable text format (if any) (There is no need to submit a print form)
  • If the patent involves any form of biological material, it should provide return permission from the national biodiversity authority.