Provisional Patent

File a Provisional Patent Application Online by Expert Team

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What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What can be patented?

An invention relating either to a product or process that is new, involving inventive steps and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

What are the criteria of patentability?

An invention is patentable subject matter if it meets the following criteria –

1. It should be novel.
2. It should have inventive steps or it must be non-obvious.
3. It should be capable of Industrial application.
4. It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

What is a Provisional Application?

Indian Patent Law follows the first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a ―priority date of the invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market potential and to file the complete specification.