Provisional Patent Registration
Provisional Patent registration:
Provisional patent application can be filed before filing complete specification even before the invention has reached a final stage. A provision specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, an object of the invention and statement of the invention. In the provisional specification, claims are not included. Claims are normally included only in the complete specification.Patents issuing on published applications will include the right to obtain reasonable royalties from others who, with actual notice of the published application, made used, sold, offered to sell, or importing the invention as claimed in the published application before the patent was granted.
Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
Global Patent Protection:
A patent registration in India can be used as the basis for patent registration in other countries if required. Foreigners and Foreign entities can also register a patent in India if required.
Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.
20 Year Validity:
Patent registrations in India are valid for 20 years from the date of filing of a patent application, irrespective of whether it is filed with a provisional or complete specification.
Creation of Asset:
Patent registration creates an intellectual property, which is an intangible asset for an organization. The registered patent is an intangible asset that can be sold, franchised or commercially contracted.
Required Documents:- (All copies of documents should be self attested by the customer)
The following documents must be in proper order for a Provisional Patent Specification
Form 1 (Application for grant of patent), THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003.
Form 2 (Provisional Specifications), THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003.
Form 5 (Declaration of Inventor ship) THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003.
Form 26 (Power of Attorney). THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003.
If your patent is filed by a Patent Agent then this form is necessary, otherwise not. E-filing fees (Patent Statutory fee) THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003 (Electronic Payment).
Form 3 (Corresponding foreign patent application statement and undertakings) THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003. Priority Document (This is used for convention applications if priority date is claimed).Illustrations/Drawings of the invention.