Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Patent Provisional Registration

Patent Provisional Registration

  • Overview
  • Why Taxcomate
  • Process
A patent is a license or permit authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner. A patent is usually granted to an inventor to protect its invention. An invention implies a new product or process involving creativity and applied to or capable of industrial application. Patent applications are of the following types:
  1. Provisional application
  2. Complete application
  3. Convention application
  4. Patent Cooperation Treaty (PCT) – International application
  5. Patent Cooperation Treaty – National Phase application
  6. A provisional patent is the type of patent that is usually applied in the early stages of an invention to secure the date of filing. It requires fewer specifications than a regular patent application. It is typically considered as a preliminary step to complete patent application.
A provisional patent lasts for 12 months only; within which a complete patent application must be filed to avoid abandoning the application else the invention becomes non-patentable. If complete application is granted patent then the date of filing will be considered of the provisional application A provisional application has its own benefits such as:
  1. Low cost of fees
  2. Establishing an early date of filing before the complete application is filed
  3. Extension of the patent term by one year
  4. Confidentiality of the application is maintained before it is published
  5. Evaluation of commercial benefit of the patent
  6. Requirements for filing a provisional patent application
  When a prospect finds that the invention is at a stage where it can be disclosed on paper but has not reached its finale and does not have all its specifications, it can apply for a provisional patent. Process for filing a provisional patent application
  1. File the provisional patent application and submit it to the Patent Office.
  2. A date of filing is recorded and an application number is immediately generated on submission of the provisional application.
  3. Provisional application is abandoned if a complete patent application with specifications is not applied within 12 months of the validity of provisional patent.
  4. Once the application number is informed to the applicant, it can use labels “Patent Pending Notice” or “Patent Applied For” to the invention to deter any potential theft.

Frequently Asked Questions

A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.

Proprietorships are not regulated by any particular Act, hence there is no registration. Every buiness needs registration under Shop & Establishment Act whether it is providing a service or dealing in goods. Other registrations such as GST etc depend upon nature of product/service.

20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.

The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.

It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide

It takes 18 months to 5 years for patent registration depending upon the technology or details of the invention.

A patent is valid for 20 years from the date of filing.

Provisional patent is valid for 12 months only. It must be followed by complete patent application else the application will be treated as abandoned.

There are three types of patents, namely Utility patents, Design patents and Plant patents.

There are three types of patents, namely

  1. Utility patents,
  2. Design patents
  3. Plant patents.

There are 5 types of patent applications:


• Provisional application
• Complete application
• Convention application
• Patent Cooperation Treaty (PCT) – International application
• Patent Cooperation Treaty – National Phase application

Required Documents for Patent Provisional Registration

In regard to Patent Provisional Registration following documents are need

  1. Title
  2. Purpose
  3. Description of drawings
  4. Components, claims, etc.
  5. Use of the invention
  6. Working of the invention
  7. Use of components
  8. Advantages
  9. Drawings, sketches, diagrams, etc., related to the patent
  10. Filing fees

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Patent Provisional Registration

₹42,999.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.