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Provisional Patent Online Form
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An invention is patentable subject matter if it meets the following criteria –
i) It should be novel.
ii) It should have inventive steps or it must be non-obvious.
iii) It should be capable of Industrial application.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
Indian Patent Law follows the first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a ―priority date of the invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market potential and to file the complete specification.
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FAQ
It is not necessary to visit the patent office to file the application as an online filing facility is provided. Only in case the application is required to be filed offline, the same can be filed physically at the counter of the Office. Moreover, all the communications with the office are made through emails. However, hearing proceedings relating to patent application can be attended with prior appointment on any working day during prosecution stage.
After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I. For the first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.
A request for restoration of patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee. After receipt of the request the matter is notified in the official journal for further processing of the request.
A Patent agent is a person registered with Indian Patent Office whose name is entered in the patent agent register after being declared qualified in the patent agent examination conducted by the patent office and who is entitled—
(a) to practice before the Controller.
(b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.
Following documents have to be submitted in original by patent agent after filing them electronically:
(a) The Authorization of Patent Agent or Power of Attorney.
(b) Proof of the right to make an application.
(c) Deed of assignment, certificate regarding change in name of the applicant, license agreement.
(d) Declaration of inventor-ship.
(e) Priority document.
Yes, the Government of India has formulated schemes to spur the innovative capabilities of the innovators who are from MSME‘S and Start-ups.
(i)MSME’s: A 50% fee concession is provided for MSMEs vis-à-vis large entities on patent filing fees.
(ii) A Scheme for facilitating Startups Intellectual Property Protection (SIPP) has been launched for encouraging innovation and creativity of Startups.
