Advantages of Filing a Provisional Patent Application Online
The online application for provisional patent provides multiple advantages when compared to the manual process. As the application for provisional patent process serves the first commers, it’s best to initiate the process online. One can reap the following advantages by opting for filing a provisional patent application online.
- Cost-effective: The Act includes a provision for provisional patents to guarantee that the investor or innovator has time to gather the cash required to petition for a full patent or hire a patent agent. Compared to filing for a full patent, a provisional patent is substantially less expensive.
- Twelve-month protection: When an appliction for provisional patent is submitted and accepted, twelve-month protection is granted starting on the date of the initial filing. This guarantees that they have time to complete whatever is necessary before acquiring a full patent or can continue to develop their innovation.
- Dates of the patent application: The filing date is important when attempting to obtain a patent. The previous application with an older filing date is provided a greater priority over the latest applicant.
After filing a provisional patent, investors and inventors may use the tag ‘Patent Pending’ to assess the commercial potential of their unique design or approach. If a holder of a provisional patent in India decides not to pursue a full patent any longer, they may do so without worrying about the accompanying costs.
Apply for a Provisional Patent
Step 1: Complete the Invention Disclosure Statement
KhataDekho follows a proper three-step procedure for filing a Provisional Patent application online. The complete process to file a provisional patent online is discussed in detail below.
Filing a provisional patent application online is necessary to protect your invention. You must make sure that your application for a provisional patent is submitted by the appropriate date. This will stop someone from stealing your concept. As per our experts, it is mandatory to file a provisional patent application even if your invention is not completed or you are not yet prepared for a full nonprovisional patent.
The invention can thereafter be referred to as ‘patent pending. An idea is protected by filing a provisional patent application online while the inventor works to develop and enhance it. To finish the procedure, use these steps!
- Describe how you answered the following IDF questions.
- The issues you’re trying to explain
- Existing issues and solutions for the same
- Specifics of your invention’s technical specifications
- The functionality of the technical features.
Step 2: Combining Your Inventions
This phase may take two to three iterations based on the situation.
- Provide details about any alternatives to the indicated remedy
- We seek new technical features on an IDF form
- To educate the impression for originality examination and explanation rehearsal.
Step 3: Find Something Novel
It aids in the discovery of novel, distinctive technological traits. At KhataDekho we inquire for globally available editions to see whether any published articles with similar or comparable technical details prevail.
Step 4: Writing the Provisional Patent Application Requirements
We move to create the innovation that particularly addresses it after the invention’s originality is confirmed.
Step 5: Documenting the Forms
Every form that is required for filing an application for provisional patent online will be collected and submitted along with the patent specification. This is selected in light of the scenario.
Step 6: File Provisional Patent Online
When everything is prepared, we apply and make the required payments. The Patent Office will make the online provisional patent application number public. Get in touch with KhataDekho if you want to apply for a provisional patent quickly.
Document Required to File Provisional Patent Online
Different forms and documentation must be submitted with a temporary patent application. When filing a provisional patent, the following forms must be submitted.
- Form 1: A patent request should be made using this form. It must be signed and submitted before six months of filing a provisional patent. The applicant must fill out this form completely before signing it, including all pertinent information and the names of the inventor, and the type of innovation.
- Form 2: These forms’ specifications are provisional. The words ‘provisional patent’ must be written alongside the applicant’s name and job title. This format must also be used to describe the innovation.
- Form 3: Submit comparable application for international patents
- Form 5: This form contains the statement of inventorship
- Form-26: A power of attorney for the patent agent has to be provided. Within six months of the application’s filing, it must be submitted.
- Form-28: The innovation’s design, drawing, or sketch must be supplied with the same details (not required in the case of a process).
Differences Between Trademark, Copyrights and Patent
There are enough differences between trademark, copyright and a patent. Here is the table that shows all the difference for you to refer to:
| | Trademark | Patent | Copyright |
|---|
| What’s Protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for Protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of Protection | As long as the mark is used in commerce. | 20 years | Author’s lifespan +70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. |
