Rules for filing provisional patent in India

A provisional patent application is a type of patent application that is filed to secure an early filing date for an invention. In India, the process of filing a provisional patent application is governed by the Indian Patents Act, 1970 and the Patents Rules, 2003. In this article, we will discuss the rules for filing a provisional patent application in India.

Eligibility Criteria:

  1. The applicant must be the true and first inventor of the invention.
  2. The invention should be new and should not have been published or publicly disclosed before the filing of the provisional patent application.
  3. The invention should be industrially applicable.
  4. The invention should not fall under the categories of inventions that are not patentable as per the Indian Patents Act, 1970.

Documents Required:

  1. Provisional specification: It is a document that describes the invention in detail. It should include a brief description of the background of the invention, an explanation of the invention, and the drawings or diagrams related to the invention.
  2. Covering letter: It is a letter that contains the details of the applicant and the invention.
  3. Power of Attorney (POA): It is a document that authorizes a patent agent or attorney to act on behalf of the applicant.
  4. Priority document: If the applicant is claiming priority from an earlier filed application, a certified copy of the earlier filed application and the priority certificate should be filed.
  5. Form 1: it is a form that contains the details of the applicant, the invention and the priority claim, if any.

Filing Process:

  1. The applicant must prepare the provisional specification, covering letter, POA and Form 1.
  2. The applicant must file the provisional specification, covering letter, POA, Form 1 and the priority document, if any, with the Indian Patent Office.
  3. The Indian Patent Office will then examine the application and issue a filing receipt.
  4. The applicant must then pay the official fee for the provisional patent application.
  5. The Indian Patent Office will then process the application and issue a filing date for the application.
  6. The application will be published in the official gazette after 18 months from the filing date.

Duration of Provisional Patent:

A provisional patent application is valid for 12 months from the date of filing. The applicant has 12 months to file a complete specification, which is the final and detailed specification of the invention. If the complete specification is not filed within 12 months, the provisional patent application will be deemed abandoned.

Conversion of Provisional Patent to Complete Patent:

  1. The applicant must file the complete specification within 12 months from the date of filing of the provisional specification.
  2. The complete specification should include a detailed description of the invention, including the best method of performing the invention.
  3. The complete specification should also include any drawings or diagrams related to the invention.
  4. The applicant must pay the official fee for the complete specification.
  5. The Indian Patent Office will then process the complete specification and issue a patent if the invention is found to be patentable.

In conclusion, filing a provisional patent application in India is a process governed by the Indian Patents Act, 1970 and the Patents Rules, 2003. Eligibility criteria and required documents, including the provisional specification, covering letter, POA and Form 1, must be fulfilled and the process of filing, duration of the provisional patent, and conversion to a complete patent must be followed.

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