All About Provisional Patent Applications

However, where such a provisional request is made, the term of a statutory patent can be extended up to one additional year. It may be beneficial for the inventor, especially in the field of pharmaceutical or chemical patents, since the value of the patent usually shoots up during the period when the term is about to end due to consumer demand and maturity of the product being marketed. The same would mean securing billions’ worth of cash.

2. Productive Timeline: The filing of a provisional application gives the inventor an early filing date under which he has one entire year to contribute towards the development of the product, including its marketing, advertising, securing capital from investors, etc. This additional period can be utilized to plan the introduction of the invention in the market or against any opposition that is anticipated.

3. Earlier Priority Date: Even though the invention disclosed has not matured or turned out to be workable, an earlier date could be reserved. Therefore, when the complete specification is filed within 12 months of filing the provisional application, the date of application for claiming the invention will be the date on which the provisional application was registered. It helps to temporarily eliminate any competitors in the same field of the invention being claimed.

4. Cost of Filing: The cost of filing a provisional application is lower than that of a complete specification application. Therefore, where it is crucial to reserve the invention and safeguard it from imitation before receiving formal approval, filing a provisional application should be preferred as it is economically viable.

5. Creation of Constructive Reduction to Practice: Where such an application is filed, it not only creates a record of prior art but also has the effect of introducing a ‘reduction to practice’ concerning the invention. Reduction to practice occurs