A provisional patent application is a temporary patent application filed with the Indian Patent Office, which allows the applicant to establish an early effective filing date for a later non-provisional patent application. The process of filing a provisional patent application in India involves several steps, which are outlined below.
Step 1: Identify the invention The first step in the process is to identify the invention that you want to patent. The invention should meet the criteria for patentability, which includes novelty, non-obviousness, and industrial applicability.
Step 2: Conduct a patent search The next step is to conduct a thorough patent search to determine whether your invention is already patented or if it is similar to any existing patents. This step is important to ensure that your invention is novel and non-obvious.
Step 3: Prepare the provisional patent application Once you have identified the invention and conducted a patent search, you can begin preparing the provisional patent application. The application should include a written description of the invention, as well as any drawings or diagrams that are necessary to understand the invention. It is also important to include a claims section in the application, which sets out the scope of the protection that you are seeking.
Step 4: File the provisional patent application After the application is prepared, it must be filed with the Indian Patent Office. The application can be filed online or in person. When filing the application, you will need to pay a fee.
Step 5: Wait for the examination Once the application is filed, it will be assigned to an examiner who will conduct a formal examination to determine if the invention is patentable. During the examination process, the examiner may ask for additional information or clarification, if required.
Step 6: Convert to a non-provisional patent application If the invention is determined to be patentable, the applicant must file a non-provisional patent application within 12 months from the date of filing the provisional patent application. This non-provisional application must contain the complete specification and claims.
It is important to note that a provisional patent application is not examined and does not confer any rights of the patent, however, it will secure an early effective filing date for later non-provisional application.
In conclusion, filing a provisional patent application in India involves several steps, including identifying the invention, conducting a patent search, preparing the provisional patent application, filing the application with the Indian Patent Office, waiting for examination and finally converting the application to a non-provisional patent application. Provisional patent applications are a useful tool for inventors and entrepreneurs as it allows them to establish an early effective filing date for a later non-provisional patent application.