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ADVANTAGES OF Provisional Patent

Minimal Information Needed

Even if your invention is at a conceptual stage, all you need is to specify the title, indicate the field of your invention, its nature and potential uses to file a provisional specification.

Established Right Early

The provisional patent enables you to book your name against your invention even before it is final. The patent is awarded to the person who files it first, rather than the person who invents it first.

Assess Market Potential

The provisional specification helps you can assess the market potential of your invention before taking the final plunge and filing a complete specification.

FAQs

  • 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?

    20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.

  • 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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