#Provisionalpatentapplication understanding with hawk eye approach
Patent provisional application is a legal document filed in the Indian Patent and Trademark Office, that is evidence for establishing FIRST filing date, and is not in public domain unless patent applicant files a regular non-provisional complete patent application within one year defining scope of patent in respect of patent claims.
FIRST Provision OF FILING PATENT FOR TECHNOLOGY IS #Provisionalpatentapplication
1. Why to File
PROVISIONAL
PATENT
DOUBT EVERYTHING. FIND YOUR OWN LIGHT- BUDDHA SIDDHARTHA GAUTAMA
SHAKYAMUNI
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2. Topics to Discuss
What is a Provisional Patent
Application?
Why should an inventor file a
Provisional Patent Application?
What should an inventor keep in
mind while filing a Provisional Patent
Application to protect Intellectual
Capacity?
02
Data Matrix
Outline
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3. What is a Provisional
Patent Application?
Applicable Section 9, Rule 13
Writing a strong enforceable
Provisional Patent Application to get
strong set of patent claims granted
is Key and needs in-depth research
as what to include in the patent
application.
Provisional Patent Application is
first draft aka preliminary invention
application filed before any patent
office.
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4. What is a Provisional
Patent Application?
File Form 2
TIP: Number of Pages till page
number 30 is included in basic filing
fees.
Write in detail as much as possible.
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5. What is a Provisional
Patent Application?
Applicable Section 9, Rule 13
Important documented data which is
filed before a complete / non-
provisional patent specification is
field before the office of the
Controller of Patents pertaining as
to what is INVENTION under
definition section.
TIP: Highly Recommended Strategy
and has number of benefits for the
inventors and patent applicants.
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6. A Complete Patent Specification includes
one or more patent claims describing
scope of invention.
Invention is defined U/S 2(1) (j)
Lifecycle from Provisional to
Complete Patent Description
Applicable Section 10, Rule 13
04
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7. Different headings and sub-headings
includes information data related to
complete scientific information of the
invention and support patent claims.
Lifecycle from Provisional to
Complete Patent Description
Applicable Section 10, Rule 13
04
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8. Invention:
Means new product or process involving
an Inventive Step or Industrial
Applicability
Lifecycle from Provisional to
Complete Patent Description
Applicable Section 10, Rule 13
04
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9. Why should an
inventor file a
Provisional Patent
Application?
PRIORITY DATE OF PATENT
Date on which Provisional patent
application is filled is FIRST Priority date
for a technology having technical
advancement.
Provisional Patent Application is a
strategic move to create IP asset.
Priority date is defined U/S 11 of patent
act 1970.
02
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10. Cost Effective IP Strategy
Filing a Provisional Patent application is cost effective in nature.
Technically, Provisional Patent drafting is more lucid in nature.
However, detailed explanation is helpful during the patent
examination process.
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11. Cost Effective IP Strategy
Innovator can also prepare Provisional Patent Application and
the same may be reviewed by qualified Indian Patent Attorney.
Interestingly, the cost of filing for written description in form 2
up to 30 pages remains the same irrespective of submitting 11
pages, 22 pages or 30 pages before the IPO (Indian Patent
Office).
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12. Cost Effective IP Strategy
INTEL TIP:
Provisional patent should be drafted in such a way that explains each element
or component of the technology product, innovation, so the data matrix acts as
arsenal during the patent prosecution stage before the patent examiner. verify
it by help of Patent Attorney
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13. Time Frame Buffer to DEFINE
SCOPE of Claims based on In- house
Research
Unique Innovation needs Protection and be used as asset to
generate revenues.
Provisional patent Application filing provides 12 months
pending time-frame for filing a Complete Patent
Specification / Non-provisional Patent Specification.
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14. Time Frame Buffer to DEFINE
SCOPE of Claims based on In- house
Research
12 months time frame from the first date of patent filing is
utilised to define and research. Improvements in terms of
technical features and amendments are duly added to
define scope of technology.
ART of Writing Strong Patent comes to intellect after
learning and researching different technology materials and
writing the same in legal language. Hire a professional who
is able to provide a strong draft with techno-legal acumen.
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17. Secrecy Reserved
THERE is no publication of provisional
Patent application unless complete patent
application is drafted and submitted before
IPO.
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Email: khasIP@khastgir.com
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18. TECHCORPINTERNATIONAL
STRATEGIST
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