PROVISIONAL PATENT AND FULL ONLINE PATENT REGISTRATION IN INDIA

An Online Patents registration in India provide protection to new inventions which are novel, non-obvious and possess industrial applicability. Patent registration online in India provides an award in the form of protection, for the disclosure of information, which will in-turn encourage many more to invent and to develop the existing inventions. Hence patent registration is not only beneficial for the patent holder but also for the society as a whole.

In order to obtain a patent, an applicant must practically or completely describe the invention and file for an online patent registration in India and this information is known as the specification. If the applicant reveals partial information related to the invention then such information is known as the Provisional Specification. If the applicant reveals complete information related to the invention then such information is known as Complete Specification.

Based on the type of specification i.e. either the provisional specification or complete specification, the applicant can file for registration of patent in two ways, they are as follows

  1.    Provisional Registration
  2.    Full/ Complete Registration

  1.    Provisional Registration – Provisional specifications are mentioned in the patent application by the applicant when he is in the last stage of the invention but is yet to finish his invention. S/he may prepare a document disclosing his progress in regards to the invention in question for patent and submit it to the Patent Office as the provisional specification which describes the invention. Such a form of registration is known as Provisional Registration.

A provisional Specification secures a priority date for the application over any other application which could be filed for the same invention. Such an application is deemed to be abandoned if complete specifications are not filed within 12 months from the date of filing provisional specification. In order words, the patent office gives the applicant a period of 12 months from the date of filing of a provisional application for completing the invention and disclosing the same to the office. Such abandoned applications are not published. However, the patent office also gives another option to the applicant which is to file a request application to postpone the deadline for filing the complete specification. Such requests are generally accepted by the patent office. However, such requests are to be filed before the expiry of 12 months and not after that.

  1.    Complete Registration – Complete specifications are mentioned in the patent application by the applicant only after completing his invention. S/he may prepare a document disclosing completely about the invention and submit it to the appropriate patent office as the complete specification. Such a form of registration is known as Complete Registration or also known as Full Registration.

A complete specification does not require a priority date because all the details related to the invention are mentioned in the first instance of the application itself and hence a priority date for such applications is not even given. The disclosure itself should be such that a person skilled n the art may be able to perform the invention properly.

For a smooth Patent registration online in India, it is always advisable to take the help of experts and one such expert is  Company Vakil, a leading firm in IP registrations, renders its services in both Provisional and full patent registration in India successfully.

Posted in Law