Provisional and Complete specification in patent have unique and important roles to play. At the time of filing patent application you can go for a provisional (incomplete) and non-provisional (complete) specification application. The IPO accepts both process and product patent applications. But you can’t file a plant patent application in India. Patent specification is a techno-legal document providing complete description of the invention. The quality of specifications define the reliability of your invention at the time Indian Patent filing and multi-countries filing.
The Defining Features of Provisional and Complete Specification in Patent
There are reasons to why there are two types of filing provisions for patent applications i.e. the provisional/incomplete and non-provisional/complete specifications. Here, you will find some important features of provisional and complete specification in patent applications beneficial for the applicant. Starting with Provisional Patent Application:
Provisional Patent Specification:
- A provisional specification is not subject to examination by the patent office examiner. But they do review it, to see if it meets the minimum filing requirements.
- It fixes a priority date for the complete patent application and also for other applications related to the invention.
- It is comparatively economical as compared to a non-provisional specification application.
- A patent applicant can avoid the cost of a complete application for a period of 1 year. In this period the inventor can make relevant upgrades to the invention.
- There is no publication of a provisional application; hence, it maintains the confidentiality of your invention.
- Only describes the invention.
- You can’t extend or renew it in case of national filings but you can re-file it if you require making any changes. You can extend it for 18 months in one case by filing a PCT application.
- Provides a pending status to the invention.
- Gives you time to know the real commerciality of your invention.
- It is not compulsory to file provisional specification.
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Non-Provisional Patent Specifications:
- It is the final patent application which comprises all the details of the invention. Moreover, it is the compulsory application for patent grant, unlike the provisional one.
- In complete specifications, along with the description of the invention, you also write the manner of performing the invention.
- There is at least 1 claim in the specifications.
- You can’t make further changes to the application once submitting the complete specifications to the patent office.
- The patent office examiner examines this application and only the complete specification application gets published in the journals.
- It is compulsory to submit the complete application within a period of 12 months of filing a provisional application. This is the only way of saving your application from abandonment.
Provisional and Complete Specification in Patent – Complete Content
There are some common and specific parts to provisional and complete specification in the patent. All these features define what exactly makes a provisional and complete specification.
The parts of Indian Patent Specifications include:
- Title in 10-15 simple words. It sufficiently indicates the subject-matter of the invention.
- The preamble to the description of the invention: there are different preambles for both the types of specifications
- Field of invention: it begins with a statement about the invention. It defines the scope and briefly explains the technology is to which the invention applies.
- Reference or background search conducted for related applications.
- Objective explains what the invention tends to achieve. It brings about the reasons for its existence and value.
- Statement of invention describing the novel feature(s) of the invention;
- Brief description and multiple views of the patent illustrations;
- Description of the invention explains the composition of your invention, an in-depth view of how and what makes it work;
- Claim(s) define the novelty of the invention which the inventor holds. It is the claim(s) on which you get the patent grant.
- Abstract provides a summary of the invention in brief. The abstract bears all the important components of the invention is a simple language as possible.
Note: Of these abstract and claims are not compulsory for provisional patent application. Also, in the provisional application, there is a description of the invention. Whereas, in complete specifications, we also add the manner in which we perform that invention.
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