a. It is cost-effective: The cost of a provisional patent application is much less as compared to that of a complete patent application.

b. Time duration: One can reap an entire year to conduct more research on the invention and keep an eye on the competitors.

c. Pending patent tag: The applicant/inventor can officially make use of the “patent pending” or “patent applied” tag, which in turn helps in receiving funds from the investors as the authenticity of the invention increases, while still working on improving the invention.

d. Patent abandonment: The applicant is free to abandon the invention midway, if he/she thinks that the invention is not very commercially viable.

Requirements for filing a provisional patent application?

A patent application which is drafted with a title, description of the invention, field, and objective of the invention, background, and summary, and without the claims, is required to be filed. The applicant is required to fill out Form 1 (request for filing), Form 2 (provisional application), Form 3 (foreign filing
details), and Form 26 (if filed through a patent agent). The entire process is feasible to be done online without physically visiting the patent office.

2) If your epiphany moment is caught and transformed into an invention, that is ready to go out and seek protection, an “Ordinary or a Non-provisional patent application” could be filed.

This type of application is often called a “Complete patent application”. Unlike a provisional patent application where claims are not included, a complete patent application includes all the components of a provisional along with precise claims and abstract and essential figures supporting the description are also necessary. Unlike the provisional application, a complete patent application is prosecuted, examined, accepted, and granted by the patent offices. It gets published in the patent office journal within eighteen months of filing (a request for early publication can also be made whereby the publication takes place within a month of filing).

The term complete specification is often used synonymously with a utility patent application.

3) Inspired by a patent application that does not belong to your country? Go for a Conventional Patent application!

A Conventional patent application is a patent application filed in the patent office, claiming a priority date based on a substantially similar or same application filed in one or more convention countries. The conventional patent application must be filed within 12 months from the date of first filing in the convention country.

4) If the flash of an inventor’s genius is worthy of acquiring protection in various countries at once, filing a PCT (Paris Cooperation Treaty) application is the direction the inventor should be heading in.

PCT filing system helps the applicant to gain more time and to undergo international examination before acquiring protection in more than 150 countries, at the same time claiming the priority from the one patent application filed at the receiving office (for example: the receiving office for an Indian national or resident will be Indian patent office). PCT does not provide any grant for the application, it simply is a systematic streamlined process before applying for a patent application in multiple countries, while securing the priority rights.

For filing the same, an applicant can file an international PCT at the receiving office or at WIPO with other formalities. The application undergoes a basic international test on the patentability and novelty of the invention. The application gets published in the international journal within 18 months of filing. An applicant can then enter into what is known as a National Phase of PCT application within 30 or 31 months from the priority date (a request for an early entry into the national phase is possible). In the National phase PCT application, the regional patent office is responsible for granting the patent applications.

The essential benefit of filing a PCT is that it is an accelerated hassle-free stop platform before filing patent applications in multiple countries.

5) Aim to make your patented invention better but worried about the time and affordability of a whole new patent? File a patent of addition.

The patent of addition application is made in respect of improvement or modification of the invention disclosed in an already filed patent
application. The applicant has to be the same as that of the main invention. The priority or the filing date for the patent of addition will remain the same as the main invention. There is no separate fee for renewal of the patent of addition. If the main application is revoked as per the wishes of the patentee, the remaining days of patent addition will still remain in force.

6) Overflow of ideas? If there are too many different inventions covered under a single patent application, the inventor might face an official objection from the patent office.

The obvious suggestion here is to file different/separate patent applications for different inventions and let one patent application focus on a single novelty. Since the main patent application (also known as the parent patent application) is now divided into different patent applications, the latter is known as divisional patent applications. The priority or filing date of the divisional patent application will remain the same as the parent patent application.

7) Have an innovative and creative design in mind? File an Industrial Design patent.

Industrial design is a drawing that is used to communicate what is protected using a single claim. An industrial design must be novel, and creative, and must have original features for a new shape, configuration, surface pattern, and ornamentations. The patents that claim protection for the design are often referred to as design patents. The design patents do not focus on any utility claims but focus on the appearance and ornamental design of an article of commerce. The design patents protect only the appearance of the invention and not the functionality. In India, Industrial Design is protected under the Indian Designs Act, 2000. To receive approval for a design patent, the patent office must be convinced that the design being patented is unique.

Some previously filed examples for design patents are the shape of a beverage bottle, the shape of a phone, the shape of a container, and the like.

Benefits of a Design patent:

● The cost of a design patent is not as high as a utility patent.
● Obtaining a design patent is quicker than a utility patent.
● An innovative design can be protected and saved from being copied and used.
● There is no maintenance fee with design patents.

Based on the needs and conditions of the inventor, one can decide what type of patent application to file. If the invention is yet to reach its final state but is prepared enough to secure a priority date, the provisional application would be a beneficial option. A complete patent application requires the invention to be completely ready in each and every segment. If an inventor has already filed but is looking for ways to improve their invention, then filing a
patent of addition is the right thing to do.

If the inventor wishes to claim protection in multiple countries, then a PCT filing or a conventional filing is beneficial. If an inventor is seeking a patent for a design and not for utility, then filing for a design patent is beneficial.