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Frequently asked Questions
An early filing date for an invention is established by a legal document called a provisional patent application, which is submitted to the Indian Patent Office. Without submitting a formal patent application, it enables inventors to guarantee a priority date for their creation. Unless the applicant files a similar non-provisional patent application within a year, a provisional application does not develop into an issued patent.
There are various advantages to submitting a provisional patent application:
Priority Date: Gives your invention an early filing date.
"Patent Pending" Status: This lets you call your idea "patent pending," which can discourage others from stealing it.
It's Time to Improve the Innovation: gives you a year to finish developing and perfecting your idea before submitting a non-provisional patent application.
Savings: Compared to submitting a non-provisional patent application, this method is typically less costly and involves less formalities.
The following should be included in a provisional patent application:
A written description of the invention that covers its creation and application is called a specification.
Diagrams or illustrations that show the invention are called drawings.
Filing Fee: The Indian Patent Office must receive payment of the relevant filing fee.
Although formal claims are not necessary for a temporary application, it is still advantageous to provide as much information as you can in order to support non-provisional applications in the future.
Indeed, establishing a priority date for your innovation is one of the primary advantages of submitting a provisional patent application. The filing date of the provisional application becomes the priority date for the non-provisional application when you file a non-provisional patent application that claims the benefit of a provisional application.
The duration of a provisional patent application is 12 months from the date of submission. To take advantage of the earlier filing date, you have to submit a matching non-provisional patent application within this time frame. The provisional application expires and you forfeit the priority date if you don't submit a non-provisional application before the deadline.
