Provisional Patent Registration Charges depends on the case
While applying for patent registration, one of the important legal documents to be filed is the provisional or complete specification. Specification may be filed either as a provisional or as a complete. A provisional specification is filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Provisional specification is filed along with a patent application to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed concurrently.
Reason to File Provisional Specification
Patent application must include a complete specification which is a techno-legal document that fully and in detail describes the invention and the best method of performing the invention. Complete specification is an extremely important document in the patent proceedings and must be drafted by an experienced Patent Attorney.
However, in some cases, the Inventor might feel that the invention and requirement for compiling a complete specification has not yet been achieved. In such cases, a provisional specification can be filed along with a patent application to secure a priority date for the application. On receiving the provisional specification, the Patent office would allot a filing date and application number to the patent application. However, any application accompanying a provisional specification is deemed to be abandoned if no complete specification is filed within twelve months from the date of filing of the provisional specification.
Contents of Provisional Specification
Provisional specification should contain the title and description of the invention. All provisional specification should start with a preamble “The following Specification describes the invention”. The description of the invention should start from the second page, starting with the field of invention and containing the background of the invention, the object of the invention and statement of the invention. Claims should not be included in the provisional specification, as it is normally included in the complete specification only. However, it is still advisable to include as much information as the applicant has at the time of filing.
A provisional specification can be filed by an Inventor when the invention has reached a presentable form but not the final share. A provisional specification helps to establish the priority of the Inventor over any other person who is likely to file an application for the same invention. On filing a provisional specification, the patent office provides a patent filing date for the invention. From the date of filing provision specification, the Inventor has 12 months to develop the invention and submit the complete specification. Provisional specifications are first filed for patent applications and mostly contain a brief description of the invention, without any claims.
After filing a provisional specification and obtaining a patent filing date, a complete specification must be filed within 12 months. Any patent application for which complete specification is not filed will be considered abandoned. Compete specification must contain title, preamble of invention, name, address and nationality of the applicant, field of invention, use of invention, prior art, problem to be solved, objectives of invention, general statement of invention, full description of the invention, best method of making the invention work, statement of claims, drawings and abstract. It is important that an experienced patent attorney prepare the complete specification, to avoid any errors.