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Provisional Patent Filing

In today’s competitive world, it is very important for every individual to protect his/her intellectual property so one effective way to protect all his/her innovative ideas is the patent system. A provisional patent serves as an excellent entry point into the patent system.

Provisional patent filings provide “patent pending” status and are also very helpful in protecting your ideas by setting an early filing date.

Therefore, this comprehensive guide provided by Blacktie legal services india LLP will give you detailed information about provisional patent filing including its advantages, procedure and other information.

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What is a provisional patent ?

A provisional patent is a legal document given by the government of India. The application has been filed with the United States Patent and Trademark Office (USPTO) and intellectual property india.

This allows an inventor to secure an early filing date for their invention without having to go through the full, detailed testing process required for a (regular) portable application.

You cannot obtain a patent yourself with a provisional application; Because it works as a placeholder. This gives the inventor 12 months time from the government to file a non-provisional application. Who claim benefit from previous filing date.

Advantages of filing provisional patent application

There are a so many advantages of filing a provisional patent which are detailed below:

Cost-Effective: When compared to non-provisional patent applications, provisional applications are usually slightly less expensive to prepare and file. which are available to individual inventors and small businesses

Simplified Process: The requirements for a provisional application are slightly less stringent than those for a non-provisional application. Which allows all inventors to focus more on developing all their ideas and inventions.

Early Filing Date: Establishing an early priority date can be very important in a competitive patent landscape.

“Patent Pending” Status: Once the appropriate is filled out an inventor can legally use the term “patent term” in connection with their invention without any hassles. Which can be of great help in deterring potential violators and attracting investors.

Additional Time: Inventors are given sufficient time of 12 months by the government to refine their invention, and make all preparations for non-provisional application.

What are the documents required to file a provisional patent application ?

There are a some of required documents to file a provisional patent application, which are detailed below:

  • Cover Sheet: Form SB/16 is a form which helps a lot to provide all kind of information about individual inventors and inventions.
  • Specification: It is very important for the invention to be included in the overall writing along with any kind of picture or sketch.
  • Filing Fee: There is no word on what the fee structure is, you can find the current provisional patent application pricing on the USPTO website.

 

How to File a Provisional Patent Application

There are many steps involved in filing a provisional patent application which must be followed before it can be filed. Step by step guidance is provided here:

1. Conduct a Patent Search

Before filing a provisional patent application, it is very important to do a proper patent search to ensure that your invention is new and has not been patented by any other individual.

You can use the USPTO’s Patent Full-Text and Image Database (PATFT) and intellectual property india website or you can contact a professional patent search firm to help you instead.

2. Prepare a Detailed Description

The focus of the provisional patent application is the written description of your invention and the aspects mentioned above.

  • Title: A brief and descriptive title of your invention
  • Detailed Description: Use specific words to capture people’s interest in describing your invention by describing in detail how the invention works, its components, objectives, and how it works.
  • Drawings: Include as many pictures or drawings as possible to illustrate your invention; Because these essentials also help in describing the overall description of the invention.
  • Claims: Although this is not required during a provisional application, it can be very beneficial to include at least a comprehensive claim.

3. File with the USPTO

You can file your provisional patent application using the USPTO’s electronic filing system (EFS-Web) or by mail. Filing it online also seems to be much faster and safer. Here step by step guidance has been provided to file online.

  • Create a USPTO Account: If you do not already have an account on the website, you can create a account by visiting the USPTO website.
  • Prepare Your Documents: Make sure that all your documents (cover sheet, specification, drawing) are in PDF form.
  • Upload and Submit: Log in to EFS-Web, upload all required documents on the website, pay all fees online and submit your application.

4. Receive Confirmation

After uploading all the details on the website, you will receive an electronic receipt with a provisional application number and submitted date and retain the receipt in your records as evidence of your filing date.

What we can offer ?

There are several valuable services Blacktie Legal Services India LLP can offer to assist with the provisional patent filing process:

Drafting and Review: Patent specialists or attorneys can draft the provisional patent application itself. This ensures the application clearly describes the invention, its novelty, and its functionality, maximizing its effectiveness. They can also review drafts prepared by inventors to ensure they meet the necessary criteria.

Invention Disclosure Document (IDD) Preparation: An IDD is a document capturing the details of an invention before a patent application is filed. Blacktie legal services India LLP can offer services to help inventors create a comprehensive IDD, which can be a valuable reference point when drafting the provisional application.

Patenting Strategy: Patent attorneys or consultants can advise inventors on the best overall patenting strategy. This might involve filing a provisional application first, followed by a non-provisional application, or skipping the provisional stage altogether depending on the specific invention and goals.

Search Services: Blacktie can offer patent search services to help inventors assess the novelty of their invention. This involves searching existing patents to see if similar inventions have already been patented.

Post-Filing Support: We can provide guidance on the next steps after filing a provisional application, such as timelines for converting it to a non-provisional application or navigating potential challenges.

By offering these services, Blacktie can help inventors navigate the complexities of the provisional patent filing process, increasing their chances of securing patent protection for their inventions.

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