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    Clarity Required in Case of Filing Provisional Application under The Patents Act 1970

    Posted By : SHALU / Published on : 24-Nov-2021 09:09 AM / View : 1156 / Comment : 1

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    Dear Members,

    Greetings of the day!

    I would like to understand from you whether my below understanding is correct or not

    We need to file only the below Forms in case i am filing for the first time Provisional Application under The Patents Act, 1970

    (i) Form 1
    (ii) Form 2
    (iii) Form 18

    Will be grateful if I could get clarity on the same at the earliest possible.
    Read more on : under patents application provisional required case filing clarity

    • Filing a provisional application under The Patents Act 1970 is the first step towards securing a patent in India. A provisional application is a temporary application that provides a priority date for your invention and allows you to secure your rights before filing a complete specification.

      Here are the steps to file a provisional application under The Patents Act 1970:

      1. Prepare a provisional specification: The provisional specification should include a complete description of the invention, including drawings and diagrams if applicable. It should also describe the purpose and use of the invention.

      2. File the application: You can file the application at the Indian Patent Office in either Delhi, Mumbai, Kolkata, or Chennai. You can file the application online or in person.

      3. Pay the filing fee: You will need to pay the filing fee at the time of filing the application. The fee varies depending on the type of applicant (individual, small entity, or large entity) and the number of pages in the specification.

      4. Receive the filing receipt: After submitting the application, you will receive a filing receipt that contains the application number, filing date, and the name of the applicant.

      5. File a complete specification: Within 12 months of filing the provisional application, you must file a complete specification that describes the invention in detail. If you fail to do so, the provisional application will be deemed abandoned.

      6. Examination of the application: After filing the complete specification, you can request an examination of the application. The patent office will examine the application to determine whether the invention is patentable.

      7. Grant of patent: If the application is found to be patentable, the patent will be granted and published in the patent journal.

      It is important to note that a provisional application does not grant you a patent. It simply provides a priority date for your invention and allows you to secure your rights while you prepare a complete specification.

      22-04-2023 / 10:51:14 AM
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