As per section 9 of the Indian Patent Act, 1970, there are two types of patent specifications namely: Provisional Patents Specifications and Complete Patent specification.
Provisional Patent specification is nothing but a preliminary application before filing the actual patent. This is the process required to specify the basic details of the invention so as to file a complete Patent specification and obtain approval from the Controller. Hence, it is a predecessor of the Complete specification.
1) When a provisional patent is filed, the person who files it gets first preference than those filing for patent after the date of provisional Patent. Also, In case of any dispute regarding the ownership of the patent, the date of filing of provisional patent is taken into consideration and recognized as the date of ownership, hence receiving an upper hand on disputes.
2) It is cost effective than complete patent specification.
3) One gets extra time to prepare claims on further industry research as the twelve years in between the provisional and complete specification could be used researching on its market viability, value and features.
4) The tag of pending patent received after provisional specification shall increase the value of the invention and also bring in funds.
5) It can be abandoned at any time without much cost in comparison to a complete specification.
We assist our clients with the timely filing of provisional patent including taking care of all the forms required to be filled as per statutory mandates.