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I NEED TO FILE APROVISIONAL PATENTAPPLICATION. WHATARE THE 7 MOSTIMPORTANT THINGS ISHOULD KNOW?
What is a „Provisional Patent‟? The purpose of a patent is to convey to the public what the patentee considers his own invention. This is achieved by „specification‟. An application for a patent should always be accompanied by a „provisional‟ or „compulsory‟ specification. The provisional specification should roughly disclose about the nature of the invention without going into details
What is the object for filing aprovisional patent application? To ascertain the „priority date‟ of the patent. Priority date is the earliest filing date after which the prior art search for the patent begins. The time period between filing a provisional specification and a complete specification allows the applicant to carry further research and development concerning his invention.
Why is a provisional patentrecommended? A provisional patent freezes the filing date for 12 months. So, later when a non – provisional application is filed, it will be entitled to the filing date of the provisional application.
What are the benefits of aprovisional patent application? It costs much lesser than a non provisional application. The minimum requirements of a provisional patent application are less than a non provisional one. For instance, a provisional patent application does not require a „claim set’ whereas a non provisional application does require. It proves the possession of the invention with the inventor (applicant) at the time of filing of the application.
What protection does it give to theapplicant? It protects „claims‟ for further developments against invalidity caused by publication or use of things related to the subject of his invention.
Are there any limitations? It does not protect the inventor from the dangers of a published description of his original work as a basis for further development.
Is there any precaution to betaken? Although a provisional application does not have the same requirement standards as a non provisional one, care must be taken to ensure that there is “full disclosure” of the invention in the provisional application in the same way that a full disclosure is to be made in a non provisional application.