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With the fast-changing environment and economy, holding a patent gives your business and idea an edge. A patent is a right granted by the governments which prevent others from using, copying or selling the patented product/ process. It can be obtained by any business or individual that wants to secure their ideas or creation. A provisional patent is an interim way to protect your idea/ process/ invention from infringement. It is obtained when an invention can’t be disclosed but is still not reached final competition. It helps in maintaining “patent-pending” status for a period of 12 months. It gives the individual or the enterprise to find out further applications, production planning, prototype building and market research. It is faster, affordable and easier than directly obtaining a permanent patent.
Patent Publication: If accepted, it is published in a patent journal, after 18 months from the date of application. (request of speeding up can be made)
Examination: Should be filed within 48 months from date of application or on date of priority. The Patent examiner will determine if the patent application satisfies the novelty, inventive step and other criteria established for granting patent registration. In case of objections, the same will be raised by the Patent Examiner in the First Examination Report. Response to the objection raised in the First Examination Report can be filed within 12 months by the patent applicant.
You can’t patent an idea. It is against the law. Patents can only be granted for things, processes, compositions, machines, manufactured articles, inventions. Abstract ideas or theories cannot be patented.
A provisional patent can’t be searched online since it isn’t published. This is because provisional applications do not hold any patent rights and they are just used to get a preference patent filing date.
Once the patent is filed, you cannot make any changes to the provisional patent. But on a non-provisional patent, you can add new information and then have the priority of the non-provisional for the rest.
Yes, there is an option for selling a provisional patent application. You can also license them. A provisional patent includes a specification, which is a description, and a drawing of an invention. Moreover, drawings are required when it is necessary for understanding the subject matter that is sought to be patented.
Anyone can file a patent, including yourself. But still, we strongly recommend consulting a legal expert, who is experienced and proficient at handling patents, to void any potential damage.