provisional patent application

Provisional Patent Registration Online

- File a Provisional Patent Application Online with Expert Assistance

Our team of patent experts provides comprehensive support for filing a permanent patent application, making the process convenient and entirely online. A patent grants statutory rights for an invention for a limited time, allowing the inventor to prevent others from making, using, selling, or importing the patented invention without permission. In return, the inventor must fully disclose the details of the invention.

What Qualifies for a Patent?

To be eligible for patent protection, an invention must relate to a product or process that is:

  • New (Novel): The invention should not have been previously known or used.
  • Involving Inventive Steps (Non-Obvious): It should exhibit innovation beyond the ordinary.
  • Capable of Industrial Application: The invention must be useful in an industry.
  • Not Falling Under Non-Patentable Categories: It must not fall within the exceptions listed in Sections 3 and 4 of the Patents Act, 1970.

For an invention to be considered patentable, it must meet the following criteria:

  1. Novelty: The invention must be new, with no prior knowledge or publication.
  2. Inventive Step: It should include a significant technical advance or improvement.
  3. Industrial Applicability: The invention must be usable in a practical or commercial manner.
  4. Exemption from Sections 3 and 4 of the Patents Act: It should not include subject matter that is non-patentable under the law.

An ordinary, or permanent, patent application is filed directly with the Patent Office, without claiming priority from a convention country or referencing any previous applications under process. This type of application serves as the original filing and is the first step in securing patent rights.

Take advantage of expert guidance to secure your patent through an easy, online process. Protect your invention and enjoy the benefits of exclusive rights.

Forms Required for Patent Registration Application in India

When filing a provisional patent application, it is crucial to submit the appropriate forms and documentation to ensure a smooth registration process. Here’s a breakdown of the required forms: 

Form 1: Patent Request

This form is essential for requesting a patent. It must be thoroughly completed and signed by the applicant.

Key details to include:

Applicant’s name

Inventor’s names

Description of the type of innovation

The completed form should be submitted within six months of filing the provisional patent application.

Form 2: Provisional Specifications

This form outlines the specifications of the provisional patent.

Important requirements:

The phrase “provisional patent” should be clearly stated alongside the applicant’s name and designation.

A detailed description of the innovation is necessary.

Form 3: International Patent Application

This form is required if the applicant is seeking comparable applications for international patents.

Form 5: Statement of Inventorship

This form contains a declaration regarding the inventorship of the innovation and must be included in the application.

Form 26: Power of Attorney

A power of attorney must be provided for the patent agent handling the application.

This document needs to be submitted within six months from the date of filing the provisional patent.

Form 28: Design or Drawing Submission

If applicable, this form requires the submission of the design, drawing, or sketch of the innovation.

Note: This is not necessary for process-related inventions.

Advantages of Filing a Provisional Patent Application Online

Professional Fees

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Ideal for startups needing basic patent filing with expert guidance

4999
  • Exclusive of Government Fees
  • Filing of Provisional Patent Application
  • Basic drafting of the patent document
  • Preliminary patentability assessment
  • Review of patent documents by a patent expert
  • Filing with the Indian Patent Office (IP India)
  • 1 iteration in drafting; additional charges for subsequent changes
  • No hidden charges

STANDARD

Perfect for thorough patent search, expert advice, and refined filing.

12999
  • Exclusive of Government Fees
  • Comprehensive patentability search (Indian and global databases of 130+ countries)
  • Drafting and filing of the patent application
  • Expert advice on patent strategy and future complete patent filing
  • Technical review and refinement of the invention details
  • Filing with the Indian Patent Office (IP India)
  • Regular updates and monitoring of the filing status
  • Assistance in drafting future patent claims
  • 3 iterations in drafting; additional charges for subsequent changes
  • No hidden charges

PREMIUM

Best for detailed patent strategy, fast filing, and unlimited amendments.

14999
  • Exclusive of Government Fees
  • Detailed patentability analysis with a strategy report
  • Drafting and filing of the patent application
  • Expert advice on patent strategy and future complete patent filing
  • Technical review and refinement of the invention details
  • Extended consultations with patent attorneys and technical experts
  • Post-filing updates and follow-ups with the patent office
  • Unlimited amendments or changes to the provisional application, if necessary
  • No hidden charges

Provisional Patent Requirements

To successfully apply for a provisional patent, you need to gather and prepare the following essential components:

  1. Written Description of the Invention

    • A clear and comprehensive written account detailing how your invention works and its purpose.
  2. Drawings or Images

    • Any relevant drawings, diagrams, or images that visually represent your invention.
  3. Inventor Information

    • Complete identities of each inventor involved in the invention process.
  4. Filing Fee

    • Payment of the applicable filing fee associated with the provisional patent application.
  5. Declaration or Digital File

    • A formal declaration or digital file asserting the application for a provisional patent.
  6. Basic Information

    • Name of the inventor, location of the inventor, name of the invention, and if applicable, the registration details for an attorney or agent, including their address and docket number.

How to Apply for a Provisional Patent

Step 1: Complete the Invention Disclosure Statement (IDS)

The first step in filing a provisional patent application online with Vakilsearch is to complete an Invention Disclosure Statement. This statement should answer the following key questions:

  • What problems does your invention address?
  • What are the existing solutions and their limitations?
  • What are the technical specifications of your invention?
  • How do the technical features of your invention function?

Step 2: Combine Your Inventions

This phase may require multiple iterations (two to three) to refine your ideas:

  • Provide details about alternative solutions to the problem your invention addresses.
  • Highlight any new technical features that are significant for originality assessment.

Step 3: Identify Novel Elements

Research and identify novel and distinctive technological traits of your invention. Vakilsearch will review globally available editions to determine if any similar technical details have already been published.

Step 4: Write the Provisional Patent Application

After confirming the originality of your invention, you can draft the provisional patent application that specifically outlines the inventive features and technical specifications.

Step 5: Document the Required Forms

Gather all necessary forms required for the online provisional patent application and ensure they are accurately filled out based on your specific situation.

Step 6: File the Provisional Patent Online

Once all documents and forms are prepared, submit the application online and make the required payment. Upon submission, the Patent Office will issue a provisional patent application number.

Things to Keep in Mind When Filing a Provisional Patent Online

Before you proceed with filing a provisional patent, it’s essential to understand the various requirements and implications. Here are some key factors to consider:

  1. Understanding Patent Limitations
    A patent serves as a formal, legal document outlining the boundaries of an invention. When you file a complete patent specification, you cannot add new elements or modifications that were not included in the initial filing. Ensure that your provisional application fully captures the essence of your invention.

  2. Impact of Innovations After Filing
    Once you file a provisional patent application, any subsequent innovations made after the initial filing date will not be considered valid. These later developments will lack legal support or advantages if not included in the original application.

  3. Submission Timeline for Complete Patent
    If you do not file the complete patent specification within the stipulated timeframe (typically within one year), your provisional patent will become null and void. To maintain patent protection, it’s crucial to submit the full application within this one-year period.

  4. Consequences of Incomplete Specifications
    The provisional patent will be abandoned if the complete specification is not submitted in time. You are required to provide a detailed description of the entire invention within one year of filing the provisional application to retain your patent rights.

  5. Confidentiality Considerations
    While confidentiality is generally maintained after filing a provisional patent application, it is vital to disclose all necessary details during this stage. Incomplete or vague applications may hinder your chances of advancing to the next steps in the patent process.

  6. Crafting Foundational Claims
    To effectively convey the advantages and innovations of your invention, it’s important to draft a foundational set of claims. These claims should clearly outline the unique aspects of your invention, forming a solid basis for your patent application.

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Frequently Asked Questions

A: No, visiting the Indian Patent Office is not necessary for filing a patent application, as the process can be completed online. Applications can be submitted electronically, and all communications with the office are conducted via email. In cases where offline filing is required, applicants may submit documents directly at the office’s counter. However, if you wish to attend hearing proceedings related to your patent application, you will need to schedule an appointment in advance on a working day during the prosecution stage.

A: A patent application may be submitted by the original inventor or the person to whom the invention rights have been assigned. This can be done individually or in collaboration with others. Additionally, our team of experts is also able to file a patent application on behalf of a deceased inventor.

A: To apply for a patent, you need to submit an application to the Indian Patent Office, either with a complete specification or an initial provisional specification, accompanied by the required fee listed in Schedule I. If you begin with a provisional specification, you must submit the complete specification within 12 months from the filing date of the provisional application, as no extensions are allowed beyond this deadline.

A: Yes, India has four patent offices situated in Kolkata, New Delhi, Mumbai, and Chennai, each covering different territorial jurisdictions. The suitable office for filing and all related processes is determined by the applicant’s residence, domicile, business location, or the invention’s origin. For foreign applicants, the relevant jurisdiction is based on the address for service in India provided by the applicant.

A: The various types of patent applications that can be submitted include:

A) PROVISIONAL APPLICATION: In the first-to-file system under Indian Patent Law, a provisional application is suitable when the invention is still in the development or experimentation phase. Filing it establishes an early priority date and gives the inventor 12 months to complete the invention, assess its market potential, and submit the complete specification.

B) ORDINARY APPLICATION: This type of application is filed without claiming priority from an earlier filed application in another country or an existing application in the office. It is considered a standard or ordinary application.

C) CONVENTION APPLICATION: If the applicant files a patent application in India claiming a priority date from a similar application submitted in one or more convention countries, it is known as a convention application. To retain the convention status, this application must be filed within 12 months from the first filing date in the convention country.

D) PCT INTERNATIONAL APPLICATION: A Patent Cooperation Treaty (PCT) international application filed in India allows the applicant to seek patent protection in over 150 countries through a single application.

E) PCT NATIONAL PHASE APPLICATION: When a PCT international application designates India, the national phase application must be filed within 31 months from the international filing date or the priority date, whichever comes first.

F) PATENT OF ADDITION: If an invention involves slight improvements or modifications to an earlier invention for which a patent has been applied for or granted, a patent of addition can be sought. No separate renewal fees are required, and it expires along with the original patent.

G) DIVISIONAL APPLICATION: When an application involves multiple inventions, it can be split into separate applications to cover each invention individually. This is called a divisional application and retains the original priority date of the main application.

 

A: Once a patent is granted, the patentee is required to keep the patent active by paying an annual renewal fee, as specified in Schedule I. The obligation to pay the renewal fee starts from the third year onwards, as the first two years are exempt from this fee. If the renewal fee is not paid on time, the patent will lapse and lose its legal protection.

A: To reinstate a lapsed patent, a restoration request must be submitted within 18 months from the date the patent ceased, along with the applicable fee. Once the request is received, it will be published in the official journal to initiate the process for further action.

A: A patent agent is an individual registered with the Indian Patent Office, whose name appears in the official patent agent register after passing the qualifying exam conducted by the patent office. A patent agent is authorized to:

(a) Represent and practice before the Controller.

(b) Handle all necessary paperwork, conduct business, and perform additional duties as specified in proceedings before the Controller under the Patents Act.

A: After filing a patent application electronically, the patent agent must submit the following original documents:

(a) Authorization of Patent Agent or Power of Attorney.

(b) Evidence demonstrating the right to file the application.

(c) Documents such as a deed of assignment, certificate of name change for the applicant, or a license agreement.

(d) Declaration of inventorship.

(e) Any priority document, if applicable.

A: Yes, the Government of India has introduced initiatives to enhance the innovative potential of individuals and organizations within the MSME and Startup sectors.

(i) For MSMEs, there is a 50% reduction in patent filing fees compared to larger entities.

(ii) The Startup Intellectual Property Protection (SIPP) scheme has been implemented to support and promote the innovation and creativity of startups.