Provisional Patent Application

A provisional specification is the initial preliminary draft which gives a general description about the invention, an applicant intends to protect by way of patent. It is that stage where though the invention is still in the pipeline, but it can be still reproduced on a paper and the patent process can be initiated to secure a priority date.

Need to file a provisional patent application

While it is not mandatory to file a provisional patent application to start with the patent process, however, it is always recommended to file a provisional patent application when the invention is still in the development stage. This gives the following advantages:

A. Secures a priority date: The date of filing the provisional patent application will be considered as the filing date which secures the date for the invention against any other similar invention in the same field on the same subject matter. Further, novelty and inventive step will be determined with reference to the prior art available before the priority date.

B. Time to develop the invention: It is a win-win situation where on one hand the invention is still at the development stage, but the invention is also secured since it has got a priority date. Further, a time-period of 12 months is available to develop the invention completely.

C. Determine commercial viability: Post filing the provisional patent application, the applicant can test the commercial viability or marketability of the invention during the 12-month period before filing the complete specification.

D. Obtain the patent pending tag: As the patent process has been initiated, the inventor/applicant can use the patent pending tag on the invention which can prevent the potential infringers.

E. Advantage in Licensing negotiations: As patent process has been initiated, this helps in getting an edge in licensing negotiations since this adds to the patent portfolio.

F. Economical: Since, this is a general document, drafting a provisional application is very economical and cost-effective unlike complete specifications. Even if the invention is not found marketable, the application can be abandoned by not filing the complete specifications.

G. Keep the invention secret: Since, the complete specification is to be filed, the application will not be published. Therefore, the invention will still be a secret.

Next step after filing provisional patent application:

Post filing the provisional patent application, complete specification is to be filed with 12 months from the date of provisional patent application.

Important points to consider during filing of provisional patent application:
One should be careful while drafting provisional patent application as the language should not be limiting. Since, this is a scope defining document, anything beyond the scope of the provisional patent application in complete specification will not be provided with the same priority date of the provisional patent application.