Provisional Application

 

STRUCTURE OF PROVISIONAL SPECIFICATION

 

⇒TITLE

⇒PREAMBLE

⇒FIELD OF INVENTION

⇒BACKGROUND ART

⇒DISTINGUISHING FEATURE OF PRIOR ART & PRESENT DISCLOSURE

⇒WHAT IS OBJECT OF THE INVENTION

⇒HOW OBJECT IS BEING ACCOMPLISHED

⇒ANY OTHER CONTENT WHICH IS READY BY THE FILING OF PS

⇒WHAT NEXT AFTER FILING PS? TIME LIMIT, CONSEQUENCES OF NON COMPLIANCE

 

 

 

Features of Provisional Specification

Should be filed as soon as inventive idea comes in mind giving the maximum details best known to the inventor.
Shall contain a preamble:”The following specification describes the nature of this invention :” 

 

a) When the applicant finds that his invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage, he may prepare a disclosure of the invention in the form of a written description and submit it to Patent Office as a Provisional Specification which describes the invention.

b) A Provisional Specification secures a priority date for the application over any other application which is likely to be filed in respect of the same invention being developed concurrently.

 

c) Immediately on receiving the Provisional Specification the Patent office accords a filing date and application number to the Application.

d) An application accompanying a provisional specification is deemed to be abandoned if no complete specification is filed within twelve months from the date of filing of the provisional specification. However, the applicant has an option to post-date the provisional specification under Section 17, before the expiry of twelve months from the date of filing. Such request for post-dating shall not be allowed after the expiry of twelve months from the date of application. Such abandoned applications are not published.

 

e) If two provisional specifications filed by an applicant are cognate or if one is a modification of the other, the applicant may file one complete specification covering both the provisional applications. Such a complete specification shall have to be filed within twelve months from the date of filing of the first provisional application. In such cases, date of filing of application is the date of filing of the earliest provisional specification and shall bear the number of that application.(sec 9(2))

 

f) An applicant may, within twelve months from the filing of a complete specification (not being a convention application or a PCT National Phase Application), convert the same into a provisional specification. Consequently, the applicant has to file a complete specification within twelve months from the date of first filing.Sec 9(3)

g) A provisional specification (i.e. the one filed directly or the one converted from a complete specification) may be postdated to the date of filing of the complete Specification.sec 9(4)

h) A Provisional Specification is not a rough draft or a skeleton of the Complete Specification. The Complete Specification, which follows a Provisional Specification, does not replace the latter. Both are permanent and separate documents and remain so in the file.

i) It may be noted that a Provisional Specification cannot be filed in case of a Divisional, Convention or a PCT National Phase Application. In such cases, filing a Complete Specification is a mandatory requirement.

 

 

 

Advantages of Provisional Specification

 

»Priority for invention

»Get extra time for further developments

»Disclose to interested person to obtain financial support

»Explore commercial feasibility

»Avoid further expenses if no commercial feasibility