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Provisional Patent.

What is Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. The term of every patent granted is 20 years from the date of filing of application. The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment.

Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

What is Provisional Patent?

Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a priority to date of the invention. Further, the inventor gets 12 months‘ time to fully develop the invention and ascertain its market potential and to file the complete specification.

An invention is patentable subject matter if it meets the following criteria:

  1. It should be novel.
  2. It should have inventive step or it must be non-obvious.
  3. It should be capable of Industrial application.
  4. It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority of the invention. Delay in filing an application may entail some risks such as (i) some other inventor might file a patent application on the said invention and (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

Who can file Patent application?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent. A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period. You can file patnt application online for this you need to have a Class-III digital signature certificate.

India has four patent offices located at Kolkata, New Delhi, Mumbai and Chennai. Each office has a separate territorial jurisdiction. The appropriate office for all proceedings including filing of the application depends normally where the applicant/first mentioned applicant resides/has domicile/has place of business/has origin of invention. In case of foreign applicants, it depends on the address for service in India given by such applicant.

The applicant is required to file Form 1 which is a request for filing an application and Form 2 which is either a provisional or complete specification or drawings if any. In addition to these, an abstract of the invention is also required. If the application is filed through a registered patent agent, a power of authority in favour of the said agent in Form 26 is also required. The application can be examined only after receipt of request for examination on Form 18.

CompaniesHouse is an MCA Authorized Company Registered Agent in India. The object of the CompaniesHouse is to minimize the cost in Patent registrations throughout India.

FAQ

What is Provisional Patent?

A provisional application is an application which can be filed if the invention is still under experimentation stage.

What is Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What is the validity of Patent?

​The term of every patent granted is 20 years from the date of filing of application.

What are the rights of patentee once the patent is registered?

​​​​A patentee enjoys the exclusive right to make and use the patented invention. The patentee also has the right to assign the patent, grant licences, or otherwise deal with the patent, for any consideration.

Can a software be patented?

No, a software per se or any computer program or source code cannot be patented, rather it can be protected under copyright. However, the system & method in which some software is integrated to any hardware to perform some technical functionality can be patented.

Is it compulsory to have a Patent registered?

Not mandatory but it is recommended.

How is the Patent registration applied?

You can apply online or offline.

Who can apply for patent?

inventor or his assignee, either alone or jointly with any other person.

ADVANTAGES.

PRICING & DELIVERABLES

Economy Plan

Patent Registration

Rs9,999/InclTax
EMI OPTION
  • Patent Registration

Delux Plan

Patent Registration

Rs9,999/InclTax
EMI OPTION
  • Patent Registration

Professional Plan

Patent Registration

Rs9,999/InclTax
EMI OPTION
  • Patent Registration

Notes:

  1. The government fee and other incidental expenses have to be born by the client.
  2. We will check patent thoroughly before making an application.
  3. If the registrar object your application, you have to file reply to objection.
  4. The reply to an objection raised is treated as a separate assignment and will be charged accordingly.
  5. If you wish to apply for provisional patent, it will be treated as separate assignment.

WHAT CLIENTS SAYS?

You are truly experienced in Company Registrations. Keep it up!

Ram Kumar Chilukuri Director, Anewa Engineering Pvt Ltd 02.06.2016

Thanks for your continuous support. God bless you!

Nrupesh CFO, Blujay Solutions Private Limited 14.06.2016

Thank you CompaniesHouse for saving in Income Tax!

Avtar Singh Managing Partner, Chetak Transporters 25.06.2016

We are surprised to get our Company registered in one day. Thanks to you guys!

Mohammed Fasiuddin Director, Avidus Engineering Private Limited 29.06.2016

Thank you for the initial discussion as we choose best business format!

Lakshmi Keerthi Reddy Director, Lavanar Sea Food Farming Private Limited 01.09.2016

Thank you CompaniesHouse for reminding on timely statutory compliance!

Rambabu Director, Cybervillage Solutions Pvt ltd 05.09.2016

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