In today`s technology driven world , when new inventions are made on day to day basis the need to protect them becomes our foremost obligation. The patent gives you exclusive right over your invention and and prevents others from copying it. In India, patent applications are filed through the Indian Patent Office.
If you have a novel idea than you have two options :
- Provisional Patent
- Complete Patent
Understanding the key concepts can help the inventors to take right decision on right time. For Patent start-ups and small entity, choosing what to file in right time can save their time, money and also they can secure market position to commercialise their invention.
What is Provisional Patent Application?
When your invention is still in the development stage, you may file a provisional patent application. It assists you in obtaining an early priority date, so even if your invention is not finished, it will be protected from that date. Important points: When the invention is not yet complete, it is filed doesn’t need specific claims gives you a full year to submit the application.
A Provisional Patent Application is a temporary application filed when your invention is still in the development stage.
It helps you secure an early priority date, which means your invention gets protection from that date even if it is not fully completed.
Key points:
- Filed when the invention is not fully ready
- Does not require detailed claims
- Gives you 12 months to file the complete application
Features of Provisional Patent Application:
- Less expensive official filing fees than a full application: For early-stage inventors, a provisional application is a cost-effective option due to the reduced government fees. Startups and individuals who might not want to make significant initial investments will find it particularly helpful.
- Simpler and shorter: no formal patent claims are needed. A provisional application does not need comprehensive patent claims, in contrast to a complete application. This protects your invention while making preparation simpler and faster.
- Allows a full year to submit an application: The applicant has a year to submit the full application after filing a provisional one. The invention can be developed and refined during this time.
- Grants 12 months to file a complete application: IPO gives a full year to submit an application. The applicant has a year after filing a provisional application to submit the final version. The invention can be fully developed and refined during this time.
- Not published or examined by the patent office: A provisional application is not examined or published by the Indian Patent Office. It mainly serves as a temporary protection until a complete application is filed.
What is Complete Patent Application?
A complete patent application is most important step and final step in patent registration process. In complete Patent Application you have to explain your invention in structured way so it can be reviewed by Patent Office. The detailed explanation will lead to clear understanding of Invention.
Features of Complete Patent Application:
- Examination by patent Examiner: After filing of application is reviewed by the patent examiner who checks whether invention is novel, inventory steps has been taken or not and lastly he checks that the invention is bonafide or not.
- Application requires detailed description: When you filed the complete patent application you have to check whether you have added the clear explanation of your invention. For example abstract, drawing and other details required by Patent Office.
- Application must include Patent Claims: Patent Claims are heart and soul of invention, they exactly give information about how your invention is different from others and what are the major parts which needs the protection.
- Twenty Years protection is given to Invention: There is a provision of Patent renewal in India. Once you complete your Patent Registration and Patent is granted you are provided with 20 years protection from filing date. You can continue with renewal process to renew the Patent. According to Schedule 1 of IPO rules you have to pay the respectable amount.
- Fulfilment of Legal Requirements: Once all the legal requirements are fulfilled, it can lead to grant of Patent. This will give full rights to inventor/ applicant and allow him to use for commercialisation. No one can use or sell your product without your permission.
Provisional and Complete Difference Table:
| Basis | Provisional Application | Complete Application |
|---|---|---|
| Stage | It is filed at early stage when idea is evolving. | It is filed when you are ready with the invention. |
| Purpose | Aim is to file for priority date. | Aim is to get Patent granted. |
| Cost | It can be done at low cost. | It is expensive as it comes with so many rights. |
| Validity | It is valid for 12 months. | It is valid for 20 years and can be renewed as well. |
| Complexity | It is simple. | It is technical. |
When should you file Provisional Patent?
Provisional Patent can be filed when you are not ready with your invention but still want it to be protected. This will help your invention saved in development stage when it is not fully finalised. It is a good option to get an early filing date while you are continuing with the research. This can be done when inventor do not have big budget but still want to go ahead with invention. This will help them to test their idea before investing big amounts. And after getting Provisional Patent you can proceed ahead with Complete Patent Filing.
When should we file complete patent?
On the another hand Complete patent is filed when full invention is ready to disclose in Industry and every development is done and now its time to save from copycats. This is the final process where you formally present your invention for examination in front of Indian Patent Office.
Patent Laws in India:
According to Indian Laws Patent filing is governed under Patents Act, 1970, which explains the rules and procedures of Protecting inventions and penalties for infringing the said law.
As per Patents Act, 1970 when you file for Provisional Patents you must submit the Complete Patent application within twelve months. If you fail to apply for Complete Application your application will be treated as abandoned by the Patent Office and it will lead to loss of earlier right.
There is no refund of money as well that you had invested while applying for Provisional Patent Filing.
Changes and Improvements after filing a Provisional Applications:
- Scope of Improvements: When you file for Provisional Patent you can make changes to your invention. The period of Twelve months is flexible time period where you can make changes and improvements in your invention. In this time period you can check, test and refine your idea.
- Including final Changes: Most of inventors use this idea for adding new features and making invention more market ready. However it is very important to include these final changes in Complete Application because only those details will be considered as protected which are clearly mention in the application.
Hiring Patent Agents:
Choosing the right patent agencies in India is the priority based decision as it will be deciding factor for your Patent Grant.
Below mentioned are the key factors to consider:
- Technical Expertise: Look for agencies having experience in your specific technology domain for example pharma, electronics, design, software, mechanical, biotech, etc.
- Track Record: Check their success rate in patent grants and prosecution history. This evolution will help you to choose best agents.
Conclusion:
The blog explains the key difference between Provisional and Complete Patent Application and explains different purposes of choosing right Patent application at right time to get proper benefits.
The timeline plays a vital role in patent process. Missing any deadline can lead to lose of rights and protection. Careful Planning and strategic decision making are important at every stage of planning.
In conclusion, a well thought approach not protects your right but it helps you to commercialise in market. This all can be protected by our Intellect Bastion this not only protect your rights but also provide focussed help at every stage. We have strong understanding of Patents and other IP protections.
Author: Shreya Sinha
IPR Assistant at Intellect Bastion
