How Permanent Patent differs from Provisional Patent?

BlogIntellectual Property RightsPatentTrademark    September 26, 2019
Intellectual Property Posted On

Patent Registration is of paramount importance whenever you come up with a new and unique idea or product in today’s era, where unauthorized people hardly hesitate to steal your Intellectual Property (IP). In the present world, there are many individuals, companies, etc., that seek to make profits by taking away and using someone else’s assets.A Registered Patent gives you the legal authority to prohibit others from making, utilizing, or offering the creation without your approval. Apart from protecting the unlawful use of your IP, patent registration serves you with several other benefits, like goodwill, reputation, etc. Nevertheless, to enjoy the advantages of registering a patent, you must be aware of some useful aspects, especially the permanent patent and the provisional patent.

Permanent Patent

A permanent patent confirms the comprehensive protection of the patented invention. A permanent patent application refers to a complete portrayal of the inventor’s invention, along with the point-to-point strategy for carrying it out, assertions to explain its scope, and the claims to secure it under Patent Protection. The Intellectual Property Rights (IPRs) evolved through a patent with this application means no one can use the invention without its owner permission.

Provisional Patent

The first thing you should consider under this section is that there is no such thing as a provisional patent. However, a Provisional Patent Application is a preliminary step, before the filing of the regular patent to obtain a type of interim protection. It is a legal document that sets an early filing date and enables you to market your invention without any fear of losing it in the hands of others as well as procure cash for proceeding with further patent operations. Note that the provisional patent application does not mature into a granted patent unless you filea regular non-provisional patent application. Besides, if a permanent patent application claims that the invention disclosed in the provisional one is never filed, the same will ultimately become non-patentable.

Difference between Permanent and Provisional Patent

  • One of the main aspects that differentiate these two vital patent types is the cost of filing them. Filing a Provisional Patent application is quite cheaper as compared to applying for a permanent patent and thus, appears beneficial for small entities like individuals, universities, and companies having 500 or fewer employees. Furthermore, filing of provisional application demands no legal formalities, which are necessary in case of permanent patent registration.Many times, the inventors don’t have enough money to safeguard everything they invent; provisional patent registration is a tool that proves valuable for those having a limited budget.
  • Filing a provisional patent application facilitates you to conserve your invention immediately after the creation along with to continue maintaining, supplementing, and perfecting that invention. Once made improvements, you can either file another Provisional Patent Application or if wish, move to the permanent patent application. On the other side, once you filed a permanent provisional application, there will be no option to add a new subject matter or modify the invention. Hence, if you are working on your invention but want to secure the created part, then the provisional patent application is an ideal selection.
  • Another aspect that not just differs but makes the provisional patent application better than the permanent one is the role of the Patent Office. Patent Office never involves itself with the provisional application until and unless the inventorfiles a permanent patent application claiming benefits and privileges of the priority under the provisional patent application filing. It means no additional fee, whether in regards to the Patent Attorneys or office is required until you want to step forward to permanent patent registration. With the provisional patent application, you can lay the foundation for obtaining the patent, have benefits of patent-pending, and secure funds in the process.

Although provisional and permanent patents are two different tools, they, if used together, can act as the best way to secure your invention under robust patent protection as soon as possible. However, if you prefer filing a provisional patent application, then it is essential to understand that it remains unresolved at the Patent Office for just twelve months from the date of filing. Hence, to extract comprehensive benefits of patenting your invention, you must file a corresponding permanent application also during the twelve-month unresolved period of the provisional application. Patent registration, including filing for provisional and permanent patents, is significant as well as beneficial when you come up with new inventions. Assuredly, it may not be as easy as said and demand professional aid, but the differences given-above can provide remarkable help. For more visit: 

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