Provisional Patent

Secure an early priority date by submitting a Provisional Patent Application.

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What is a Provisional Patent Application?

A patent grants the inventor exclusive legal rights to prevent others from making, using, or selling their invention. A provisional patent application acts as an initial filing, providing a summary of the invention’s core concept without complete technical details. It helps establish an early priority date, securing the invention and protecting the inventor’s rights during its development phase.

Benefits of filing a provisional patent application

Establishes Priority Rights

Submitting a provisional patent application secures an early priority date, ensuring that no one else can file a patent for the same invention.

Buys Time to make required changes

A provisional patent provides the inventor 12 months to further develop the invention and file the complete specification, refining its novelty, utility, and inventive aspects to meet patentability standards.

Gauge the Worth of Invention

Filing a provisional patent is a cost-effective and straightforward way to secure initial protection. It gives the inventor 12 months to file the complete specification, allowing time to assess the invention’s potential and feasibility. If the full patent is not pursued within this period, there are no penalties, and the provisional application remains unpublished, keeping the invention confidential.

Monetary Returns

A patent is a valuable asset that can yield significant financial returns when utilized strategically. The patent owner can license, assign, or sell it as required. For instance, pharmaceutical companies often generate substantial profits by monetizing their patented products through licensing and assignment agreements.

Documents required for provisional patent filing

Title

Title of the invention

Applicants Information

Name, address and nationality of each applicant for the patent.

Description of the Invention

Detailed description of the invention and details about what the patentee wants to claim out of the invention

Technical aspects of the invention

Technical details about the invention and drawings

More Questions? Seek Help of an Expert

Call us at: 9414883452  or Email us  : contact@submitreturn.com

An invention is not patentable if;

It refers to a scientific theory or a mathematical method.

It refers to an aesthetic creation, including literary, dramatic, or artistic works, as well as computer programs.

It is a scheme or method for performing a mental act that lacks practical utility.

File patent application in 3 Easy Steps

1. Follow Quick Process

  • Spare less than 10 minutes to fill our online Questionnaire
  • Upload required Documents
  • Make quick payment through our secured gateways

2. Experts Are Here To Help

3. Your Assignment Agreement is ready

  • All it takes is 15 working days*

*Subject to Government processing time

Process to apply for provisional patent

Day 1-2 - Collection

  • Discussion and collection of basic Information
  • Provide required documents
  • Provide a draft with information about the invention, its uses and advantages

Day 3-13 - Execution

  • Vetting of the draft provided by the applicant
  • Preparation of Provisional patent application
  • Reviewing and refining the claims

Day 14-15 - Submission

  • File provisional patent online with Form-2 and related documents

Explore Provisional Patent Application

Frequently Asked Questions

Patenting your invention gives you exclusive legal rights to your creation, preventing others from making, using, or selling it without your permission. It helps protect your innovation, establish ownership, and provides commercial advantages through licensing or selling.

  • Be ready to share:
  • A clear explanation of your invention
  • Technical details or supporting diagrams
  • Its practical use and advantages
  • Any prior disclosures or publications related to the inventio

In general, an invention that has already been publicly disclosed or published loses its novelty and cannot be patented. However, in some jurisdictions like India, you may apply for a patent within 12 months of public disclosure under certain conditions.

  • To be patentable, an invention must meet the following criteria:
  • Novelty – It must be new and not disclosed anywhere else.
  • Inventive Step – It must involve a significant technical advancement or innovation.
  • Industrial Applicability – It should be capable of being used in industry.

A provisional patent application is valid for 12 months from the date of filing. Within this period, the applicant must file a complete specification to move forward with the patent grant process.

A provisional patent application is an initial, simplified filing that secures a priority date. A complete (permanent) patent application contains full technical details, claims, and is examined for patentability. Without filing the complete specification within 12 months, the provisional application expires.

A patent expires after 20 years from the date of filing, provided annual renewal fees are paid. Failure to pay these fees or if the invention is not commercially used, the patent may lapse earlier.

 

While there’s no strict word limit, the application must be detailed enough to explain the invention clearly. It should include essential technical details, but formal claims are not mandatory at this stage.

Yes, all mandatory government fees are included in the LegalWiz.in package unless otherwise stated. Any additional charges will be communicated transparently.

Filing a provisional application gives you a priority date, protects your idea early, and allows time to refine your invention. It is cost-effective and helps assess the invention’s potential before full investment.

No, patents are territorial and valid only in the country where they are registered. However, international protection can be pursued through treaties like the PCT (Patent Cooperation Treaty) or WIPO.

A granted patent in India is valid for 20 years from the date of filing, subject to payment of annual renewal fees.

More Questions? Seek Help of an Expert

Call us at: 9414883452  or Email us  : contact@submitreturn.com

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Provisional Patent

Secure a priority date for your patent by filing for a Provisional Patent Application