Where there is a new element added in the invention, which enhances the scope

1. For filing a provisional application, not all information has to be included. The information, which adequately defines the scope of the invention, would suffice.

It should be the information on which the complete specification is premised. 2. Once a provisional application is made, the patent is not automatically granted.

Therefore, a careful track of the timeline should be maintained in furtherance of making a complete disclosure of all claims. Where a complete application is not filed after the end of twelve months, the application for the invention is deemed lapsed. 3. Where there is a new element added in the invention, which enhances the scope of the invention during the period between the priority date and the date of filing the complete application, the reserved priority date will not apply for the said invention. 4. The content disclosed within the provisional application is kept confidential until the complete disclosure is made. Even if the complete disclosure is not made, the same is not disclosed to the public, maintaining the secrecy of the invention. 5. Where the disclosure is made to any third party, including a legal counsel, the inventor needs to consider preparing a non-disclosure agreement.

Why Should an Inventor File a Provisional Patent Application?

The following are a few reasons that explain why filing a provisional application may be beneficial to the inventor:

1. Extension of the Term of Patent: As has been established through International Treaties and Agreements (for instance, the Paris Convention and the TRIPS Agreement), the ordinary life of a patent is 20 years from the date of filing.