A Patent is an invention/ creation of intellect applied to capital and labor, to produce something new and useful. It is a right granted to an Inventor by the Controller substantiating and securing his rights to make exclusive use, exercise and vend his invention for 20 years.
A Provisional Patent is granted to an individual or an organization if they wish to patent their inventions before they are finalized. A Provisional Patent is filed to fix a priority date of the application. The inventor can file for Provisional Patent if he wishes to protect his idea for an invention by providing just a basic description of the invention and the method of achieving the same. It gives a buffer time period to the inventor to further develop claims based on the industry and commercial viability. The inventor is then given a time of 12 months to finalize the specifications and papers for permanent patent. If the inventor fails to file the same, the application would be treated as “Abandoned”.
Cost effective and time saving
End to end support
An inventor can file for a Provisional Patent before filing for a Permanent Patent as:
If the idea for invention is not completely mature
Application for Provisional Patent is relatively cheaper
It gives a buffer time to the Inventor to further develop claims based on the commercial viability
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. An invention can be patented if it is:
a new product or process
capable of industrial application
The Patent Office can have following objections:-
Prior publication in any other document in India,
Invention is a subject matter of a prior claim,
Invention does not claim any inventive step,
Invention isn’t patentable,
Complete Specification doesn’t sufficiently and clearly describe the invention or the method or any other such detail.