Provisional Application

• October 15, 2022
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A provisional patent application is a preliminary step, before filing of a regular patent, for obtaining a type of interim protection. One can file an application for a provisional patent in India without any formal patent claims. The option is created to provide investors with an inexpensive way to temporarily protect their inventions until they decide to pursue a full patent. A provisional patent application has a twelve month pendency period from the date of filing after which the inventor has to file a complete specification to take advantage of the filing date of the provisional application. If the complete specification is not filed within a year, the provisional patent application is considered abandoned. Provisional application is filed to hold the idea behind the invention until the inventor has the time and/or the money to file a regular, application. If a normal patent application is filed before the 12 month expiration of the provisional, then the main application will receive the earlier provisional filing date. If a non-provisional application claiming the invention disclosed in the provisional is never filed, the invention will eventually become non-patentable.

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