Intellectual Property / Patent / Patent Application Preparation (Provisional Specification)

Patent Application Preparation (Provisional Specification)

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent.The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.

Therefore, we can say A patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.

A creator should always patent the inventions at the earliest to protect them from infringement. A provisional patent application can be filed when the invention is at a patentable stage but still needs some work before it is complete. It is filed at an early stage to secure the interest of the inventor against any similar patent application being filed before the inventor files the completed patent application. Filing a provisional patent application is like securing interim protection for the invention.

An inventor has to file the complete specification within 12 months from the provisional application filing date. Once the complete specification is filed it is assumed that the patent is filed on the provisional patent application filing date and the same date shall be considered in case of dispute related to the ownership of the patent.

Types of Patent:

  1. Utility Patents
  2. Design Patents
  3. Plant Patents

Elements of provisional patent application:

  1. Description of the Invention
  2. Provisional requirements
  3. Preamble of the Invention
  4. Field and intent of the innovation

Patent Registration Procedure:

An Indian patent application goes through the following stages, till grant:

  • Application for Patent
  • Publication (18M from the priority date)
  • Request for Examination (within 48M of priority date)
  • Examination (formal & Substantive)
  • Applicant’s Response to the Examination
  • Application found in order for a grant by Controller
  • Pre-Grant Opposition (After publication and before grant before the controller)
  • If yes, then Patent is Granted & if no, then Patent is refused and the applicant can appeal to the board, the board can reject but if the board allows the Patent is granted.
  • Post-Grant Opposition (within 12M of Notification of Grant)
  • Order by Controller on hearing the Parties
  • The Controller can give any of the following orders: to maintain the Patent, to Amend the Patent, or to reject the Patent.
  • If the Controller rejects Patent after post-grant opposition the applicant can go for an Appeal to the appellant board.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes.

Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and, the client shares a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver excellence.Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth of every penny our clients spend with us, and build a lasting relationship with them.