- Lawyer Mr. Shaman Jain
- Skills Intellectual Property Rights, Patent Registration
- CATEGORY Copyright & Patent, Intellectual Property
ABOUT THIS PRACTICE
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. The documents for the permanent patent would, however, have to be filed within 12 months or else the application would be abandoned entirely.
- Collecting details of the invention 1 working day.
- Draft the application based on the details you send in. Approx. 7 working days.
- The drafted document will be filed with the Registrar and, on acceptance, the client would be able to use 'Patent Pending' on your product any time over the next year. Approx. 2 working days
- Give Title of the invention.
- Provide short Description of the Invention.
- The details of invention contains.
- It should also mention the background of the invention.
- Object and statement of the invention.
- Provisional patent.
- It applies to ideas and inventions It also applies to inventions and ideas.
- Validity of this is 1-year Validity of this is 20 years.
- No ownership without registration Ownership without registration of patent is not possible.
- Inventors and designers usually applies for provisional patent Patents are normally applied by inventors and designers.
- LEGAL PROTECTION: Only owners of registered patients are allowed to take action or sue for damages in case of patent infringement. If the inventions are not registered then the Patent protection is not enforceable.
- COMPETITIVE EDGE: The registration of the patent will provide a unique competitive edge for the business. Other Competitors will not be allowed to use the patented invention for similar or same goods or services.
- 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.
- MINIMAL INFORMATION: There is less requirement to file a provisional patent. Even if your invention is at a conceptual stage, the minimum need is to specify the title, specify the field of the invention, its nature and possible uses to file a provisional specification.
- ESTABLISHED RIGHT EARLY: The provisional patent permits to book the name against owners invention even before it is final.
- EVALUATE MARKET: The provisional requirement/description helps you to scrutinize the market potential of the invention made before taking the final decision of filings for a complete requirement of a patent.