India – Early Patent Protection Route For SMEs And Start-ups.

 

Once an inventive idea strikes you, you start putting all your resources together to create a prototype. What if, while solving the same problem, identical or similar idea has stuck to others in the field as well?

 

Answer lies in seeking early patent protection on that idea.

 

An early patent protection can be obtained by filing a provisional patent application. The application needs clear articulation of the inventive idea and how it is solving the problem in hand. Once you develop the prototype or do further experiments, a detailed application showing examples and making boundaries of your claims on the invention can later be filed within one year (12 months) from the date of filing of the provisional application but patent protection on your invention will start from the date of filing of provisional application.

 

Filing a provisional application gives you a  “Patent Pending” tag for your invention and you have all time to work for your patent without worrying about someone else getting replicating it.

 

Advantages:

 

• Provide protection from the date of filing of provision application;
• Cost less to pocket;
• Provides time (12 months) to work on the invention in detail and to file complete application.
• Gives time to reach out to VC’s for funding
• And provide a “patent pending tag” that you can use as a marketing collateral

 

Moreover, you get priority over any other subsequent inventions and prevent other related invention to hit the novelty of the invention disclosed in your provisional application. Therefore, any application whether provisional or not, filed after the filing date of your provisional application cannot be used as prior art against your invention.

 

Twelve months you are getting though a provisional will give you enough room to work on the budgets and decide on countries for creating your global patent portfolio and a provisional application filed in India can be used to claim priority on a regular application filed in other countries.

 

 

 

For further information, please contact: 

 

LexOrbis

mail@lexorbis.com