A provisional patent application allows a person to file for a patent without a formal patent claim, oath, or declaration. A provisional application is not a rough draft. It determines the field of invention and sets the scope of the invention to a certain extent.
When should a person file for a provisional patent application?
When one is at a stage in their research and development work where it can be disclosed on paper and not a final invention, then he/she can file for a provisional patent application.
Advantages of provisional patent application
Low upfront cost
Filing for a provisional application is cheaper than filing a complete patent application.
Secures confidentiality
One can legally write “Patent Pending” for their invention (product prototype) upon filing a provisional patent and securing the priority date as its filing date, so they do not have to fret over confidentiality when marketing or disclosing your invention (product prototypes)
Time for the invention to evolve
The filing of a provisional application secures its priority date and gives an applicant enough time to work on their invention to the fullest possible potential.
Can save a lot of money
In case a person feels that the invention for which you already have filed a provisional patent application is not worth going ahead for full patent protections for some reasons like:
The person can save thousands of rupees that he/she otherwise would have spent on directly going for a complete patent application and if he/she decided to abandon it in between for some reasons.
Becomes granted patent eventually (by procedure)
The provisional patent can become granted patent in various countries if the complete patent application is filed within 12 months from the filing date of the provisional patent. Further, it requires following the entire patent procedure till the grant of a patent (provided that the invention is not rejected by the controller).
In such cases, for the issued patent in given countries, you have the benefit of an earlier priority date (filing date of the provisional patent) as the priority date is the main decider concerning preceding arts and novelty of the invention in most of the cases.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
