# How to write a provisional patent application in India?

Here are some simple steps that you should know to write the provisional patent application :

• • Review and compare existing patents.

• • Download the forms such as Form 1 and Form 2 form the Indian patent office website.

• • Fill the relevant details including the title of the invention and name of the applicant and inventors. In Form 2 write ‘Provisional Specification’, title, and the applicant’s name.

• • Plan the document before writing anything, making an online and listing all points that need to be covered.

• • Use a readable typeface and fonts. Write about the patent that has been invented.

• • Divide the application into segments, and then divide those sections into smaller sections if needed.

• • Use numerals instead of spelling out numbers.

• • Try to simplify any wordy phrases without writing claims, with the complete specification.

• • Organize the document’s contents by order of importance and pay the relevant fees.

• A strong description for a provisional application patent should always include the following elements in this order :

  • Invention title.

• • Technical field.

• • Prior art and background information.

• • Representation of ‘how the invention addresses a problem’.

• • List of drawings or figures.

• • Detailed description.

• • At least one example of the invention’s intended use.

# Documents Required for Patent Filing in India :

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  Application form in duplicate (Form 1)

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  The provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months (Form 2)

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  Drawing in duplicate (if necessary)

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  Abstract of the invention in duplicate

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  Information & undertaking listing the number, filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)

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  Priority document (if the priority date is claimed) in convention application, when directed by the Controller

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  Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5)

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  Power of attorney (if filed through any patent agent)

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  Fees (to be paid in cash/by cheque/by demand draft).

# A Step-by-Step Guide to patent protection in India :

For patent registration in India, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online.

In the case of online applications, the patent office will be charging an additional 10% as the fee. The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below :

STEPS :

• 1

  Patent Search :

  For a successful patent registration, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.

  You may skip the below-mentioned steps if you come across a similar patent registered already.

• 2

  Filing a Patent Application :

  For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.

  • Ideation: Here, you need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.

  • Visualisation: Visualise your idea and elements in the form of diagrams that explain more about the invention.

  • Verification and Patentability Search: The next step is to verify whether your invention is patentable as per provisions mentioned in the Indian Patent Act. Your ideas/inventions must meet the patentability requirements such as :

  o Novelty

  o Non-obviousness

  o Usefulness

  o Patentable subject matter

  Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called the provisional patent application.

• 3

  Preparation of a Patentability Report :

  Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.

• 4

  Publication of Patent Application :

  The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.

  Publication of Filed Patent :

  o For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the patent journal

  o The publication of a filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised

  o To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request

  o The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.

• 5

  Patent Examination :

  There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

• 6

  Patent Objections :

  It is common for patent applicants to receive objections, like “inconsistent or unclear claims” or “inventions lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.

• 7

  Grant of Patent :

  Once all the patentability requirements are met, the notification to grant a patent will be published in the patent journal.

# What Are the Benefits of Filing a Provisional Patent Application Before Filing a Patent Application?

A provisional patent application secures your date and work. This means that none of your competitors can file for a similar invention once you file for a provisional patent application.

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  Our search is not restricted to similar/identical word matches alone. We identify similarities in word meanings as well.

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  As India follows the first-to-file system, this ensures that the holder of the provisional patent stand a good chance of being granted the permanent patent

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  There is a buffer time of 12 months to further develop your invention and to specify the complete details. The application gets abandoned upon expiry of 12 months of the application

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  The cost and resource involved for provisional patent application are less when compared to the permanent patent

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  The provisional specification helps you assess the market potential of your invention before taking the final plunge and filing a complete specification

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  Once you are ready with your R&D and your invention’s detailed specifications, you can go in for a complete patent application.