Provisional Patent

A provisional patent is a preliminary step and is obtained to get protection before being able to file a complete patent. To get a complete patent, a lot of details of the design and its specifications are required. When person is involved in R&D even if they do not have a fully formed design or process that is patentable , they may obtain a provisional patent to protect their work.

Compared to a complete patent a provisional patent has shortcomings, especially upon the period of protection given to the intellectual property that has been provisionally patented. The main reasons for allowing provisional patents is to provide security and a form of interim protection to investors and inventors until they are fully able to pursue a complete patent .

Document Requirement-

The documents required for Provisional patent registration are mentioned below:

  • Form 1 (application for grant of the patent)
  • Form 2 (provisional specifications)
  • Form 5 (Declaration of Inventorship)
  • Form 26(Power of attorney) (required if an agent files the form on behalf of the applicant)
  • E-filing fees (Statutory Patent fee)
  • Form 3 (Corresponding declaration and undertakings concerning foreign patent application)
  • Priority document ( For convention application if the priority date is claimed)
  • Illustration/ Diagrams of the invention