What is a Patent?

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.

What is Provisional Patent?

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”.

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Why file for Provisional Patent?

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

What can be Patented?

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

  • non-obvious

  • useful

  • capable of industrial application

What objections can the Patent Office have?

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.

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