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Who should apply for provisional patent in India?

Posted on January 10, 2023 By 7N80i1Dz No Comments on Who should apply for provisional patent in India?
Patent

Provisional patent application is a very useful tool for inventors in India who have an idea or invention they wish to protect, but they are not yet ready to file a complete non-provisional patent application. In this article, we will discuss who should consider applying for a provisional patent in India and the benefits of doing so. Here are the things to learn for filing provisional patent application online.

Inventors

Provisional patent application is ideal for inventors who have an idea or invention that they wish to protect but are not yet ready to fully develop or commercialize it. The provisional patent application allows the inventor to establish an early effective filing date for the invention and claim “patent pending” status, which can be useful for deterring potential infringers and for attracting investors or partners.

Entrepreneurs

Entrepreneurs who wish to start a business based on their invention should consider applying for a provisional patent. A provisional patent application can help the entrepreneur to secure the rights to the invention and deter potential competitors from developing similar products. Additionally, a provisional patent application can also serve as a valuable tool for attracting investors or partners for their business venture.

Small and Medium Enterprises (SMEs)

SMEs that are involved in the development of new products or technologies should consider applying for a provisional patent application. A provisional patent application can help the SME to secure the rights to the invention and deter potential competitors from developing similar products. Additionally, a provisional patent application can also serve as a valuable tool for attracting investors or partners for their business.

Start-ups

Start-ups that are involved in the development of new products or technologies should also consider applying for a provisional patent application. A provisional patent application can help the start-up to secure the rights to the invention and deter potential competitors from developing similar products. Additionally, a provisional patent application can also serve as a valuable tool for attracting investors or partners for their business.

Benefits of Provisional Patent in India

The following are the benefits of applying for a provisional patent in India:

  1. Establishing an early effective filing date: A provisional patent application allows the inventor to establish an early effective filing date for their invention, which is important in case of patent disputes or in case of a non-provisional patent application filing within 12 months of the provisional patent application.
  2. “Patent Pending” status: Filing a provisional patent application allows the inventor to claim “patent pending” status for their invention, which can be useful for deterring potential infringers and for attracting investors or partners.
  3. Reduced cost: Filing a provisional patent application is less expensive than filing a non-provisional patent application, as it does not require a detailed description of the invention, claims, or an oath or declaration.
  4. Flexibility: Provisional patent applications can include multiple inventions, and the inventor can decide later to file a non-provisional patent application for one or more of those inventions.
  5. Time: Provisional patent application can be filed within 12 months of the non-provisional application
  6. Prioritized Examination: Provisional patent application can be converted into non-provisional patent application and inventor can request for Prioritized Examination
  7. Cost Effective : Provisional patent application is much less expensive than a non-provisional patent application. This allows inventors to file a provisional patent application as a way of temporarily protecting their invention until they are able to afford the cost of a non-provisional patent application.

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