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Provisional Patent Application in India

What is provisional patent?


As a patent can be so crucial in maintaining a business advantage, many inventors/businesses wish to patent their inventions even before they are finalised. This is possible through a provisional patent, which helps the inventor establish earliest ownership over the invention on submission of the provisional specifications of the product or process. As India follows the first-to-file system, this would ensure that the holder of the provisional patent would also be granted the permanent patent.


What you get?


  1. Search Details
    We will examine all the possible details, including potential uses of the invention across industries and likely benefits over existing products.
  2. Drafting of Application
    A professional, our affiliate, will take up your request and draft the application based on the details you send in.
  3. Filing of Application
    The drafted document will be filed with the Registrar and, on acceptance, you would be able to use "Patent Pending on your product any time over the next year.

WHY YOU SHOULD HAVE PROVISIONAL PATENT?


HOW TO FILE PROVISIONAL PATENT?

DATA COLLECTION

You would need to send in all the possible details, including potential uses of the invention across industries and likely benefits over existing products.




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APPLICATION DRAFTING


Venture-Care's patent attorney will take up your request and draft the application based on the details you send in.





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APPLICATION FILING


The drafted document will be filed with the Registrar and, on acceptance, you would be able to use 'Patent Pending' on your product any time over the next year.


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HAVE QUESTIONS? WE HAVE ANSWERS.



What can be patented?

A patentable invention can be any

  1. Art, process, method or manner of manufacture,
  2. Machine, apparatus or other articles,
  3. Substances produced by manufacturing,
  4. Computer software with technical application to industry or used with Hardware, and
  5. Product patent for food, chemicals, medicines and drugs.

When does a patent expire?
What information do I need to provide?

The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.

What is expected from the patentee as an obligation?

A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Is there a worldwide patent?

It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

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