Learn about the Difference between Provisional Patent and Non-Provisional Patent 

Are you worried about your recent invention and thinking of protecting it from infringement but left with no idea as to how to proceed? Don’t worry. We will guide you and help you understand the difference between Provisional and Non-Provisional Patents so that you can secure your rights more accurately and freely. 

Introduction to Patent

• A Patent is a type of an intellectual property right which is granted to the owner of the invention. 
• This right gives the exclusive right to exercise their right of protection against third parties. 
• It stops them from further distributing, manufacturing, or selling the invention of the owner. 
• It took around 3-4 years to get the patent registration. However, other forms of application such as Provisional and Non-Provisional Patents can be obtained (which has been discussed in detail in the further sections of this Article)

Benefits of Patent Registration 

• Protection: With the registration of the Patent it becomes evident that the registered owner is the true inventor of the invention and they should possess a right to stop the further communication, selling, or buying, of their invention. 

• Royalty Benefits: Sometimes, when a Patent is of immense value and yields a good return, various business organisations may offer the inventor various offers for investing in the technology developed by you, and in return, the inventor will receive a royalty. 

• Right of Selling: As we discussed in the previous section of the Article, Patents allow the owner to sell their Patent for a handsome amount of money. 

• Business Value: Patents prove to be a business growth tool, as any new invention will benefit the organisation in terms of its market or financial growth. 

• Promotes Invention: When an individual’s invention is Patented, the patented invention, along with all its specifications, will be printed in the Patent Journal, which will directly encourage the other individuals reading the Patent Journal to get an idea as to how they can also develop some kind of invention on similar terms to the recent invention. 

These are the benefits that a Patent registration offers in India and this is why a Patent is treated as a boon for the country and its growth. With the development of Patent, it becomes easier to track down the growth of an individual, and the progress of the organisation. 

Criteria to Register Patent 

An invention is required to fulfill the below-mentioned criteria in order to become a full-fledged Patent and get itself registered under the Patent Act. These criteria run as: 

• Novel: The invention to become the Patent has to be new/or novel in nature. New/Novel stands for that type of invention which is not known to the general public and was not accessible in society to anyone prior to its registration. 

• Inventive Step: The Patent in order to get registered is required to be an inventive step. Mere improvement in the existing technology can never be treated as an inventive step. It should be an altogether development of the new technology. 

• Non-Obviousness: The word non-obviousness stands for the fact that the invention should be of such a nature as a person of the same industry has not seen such kind of an invention. At the same time, they treat the invention to be patentable. 

• Industrial Application: The most important criterion that a Patent must fulfil is that it should possess the relevant and necessary industrial application. It should possess the relevant industrial utility. Even the inventor is questioned about whether their invention has enough potential to aid the industry in which it is supposed to be used or implemented. 

These are the four important criteria that a Patent must fulfil in order to be termed a Patent and registered. 

Introduction to Provisional Patent

A Provisional Patent application gives the inventor of the technology/invention a time limit to develop their innovation. A Provisional Patent is a pre-protection right provided by the Patent Act itself. A Provisional Patent Application is filed in the same office where the application for a Patent is filed. 

With this Provisional Patent, the inventor secures their right of public use and filing date of the Patent for a period of 12 months till the time the full Patent is granted to the inventor but this time line may be extended upto a period of 3 years.

The main benefit attracted to the Provisional Patent is that it is less time-consuming and with fewer expenses the inventor can secure their public right of use of the invention in comparison to a Patent Application which is more expensive and takes more time. 

Benefits of Provisional Patent Registration 

As we have discussed in the last section of the Article a Provisional Patent offers a wide range of benefits and these have been discussed as follows:

• Development Time: The main aim of a Provisional Patent Application is to give the inventor room to work on their invention. A Provisional Patent Application gives the inventor a 12-month period to work further on the invention. 

• Establish Priority: A provisional Application allows the inventor to secure their right to establish priority over others if the Patent Office receives a similar kind of application for the invention in the future. Therefore, the Provisional Application secures the rights of the inventor by giving them the priority to register their invention. 

• Investor Pull-up: When a new invention is developed, organisations, investors, some investors, or collaborators want to provide the right kind of funding to the technology inventor. 

• Cost-efficient: The process of Provisional Patent Application is a cost-efficient and effective method as compared to the registration of the full Patent. 

With these benefits, registering your Provisional Patent Application becomes essential to protecting your interest in the invention. 

Disadvantages of Provisional Patent Registration 

• Full-Fledged Patent: A Provisional Patent application does not have the same status as a normal Patent application, making it difficult to use all the rights and benefits associated with it. 

• Money Incurred: Though Provisional Patents are treated as a cost-effective way of reducing the monetary benefits, money has to be incurred. 
• Less Importance: In comparison to Non- Provisional Patents these kinds of Patent applications enjoy lesser priority. 

Introduction to Non-Provisional Patent 

 A Non-Provisional Patent is a kind of full patent application that gives the inventor that contains the full invention details, any claims, or any interests. The most important element of a non-provisional application is that it is required to fulfil all the criteria specified in the Patent Act before applying to obtain the Non-Provisional Patent. A Non-Provisional Patent is valid for a period of 20 years from the date of registration. 

The application for a Non-Provisional Patent is tested on all eligible grounds by the Patent Officer because it holds the same religious place as a Patent application.

The application for a Non-Provisional Patent must be detailed because clear, concise, and crisp details of the invention, along with its utility, must be provided so that the individual from the industry can understand its credibility. The application also specifies the claim, which is the inventor’s idea of their invention and what changes their invention can bring to the table. 

Benefits of Non- Provisional Patent Registration 

There are a plethora of benefits available to a Non-Provisional Patent. These benefits run as follows:

• Same Standing as of Patent: As we have already discussed, a Non-Provisional Patent stands on the same footing as a Patent. Hence, a Non-Provsional Patent offers the same security and protection as enjoyed by a Patent. 

• Protection: As a Patent cannot be infringed after its registration the same goes for Non-Provisional Patent. After registration, it provides protection against the world to take legal action if anyone other than the inventor sells, manufactures, or transfers the invention so patented under the Non-Provisional Patent. 

• Monetary Benefits: By Selling the patented invention an inventor may obtain the monetary benefits. 

These are the benefits offered by the Non-Provisional Patent, which gives the inventor a valid reason to apply for one. 

Disadvantages of Non- Provisional Patent Registration 

• Time-Consuming: Non-Provisional Patent Registration takes more time in registration and it is also a lengthy procedure that requires a lot of patience. 

• No further changes allowed: As we know, non-provisional Patent registration is the final step, so no further changes in the inventions are allowed. 

• Costly: The registration of a Non-Provisional Patent requires lots of expenses to be incurred. 

Which one is to be Chosen?

Both types of Patents offer different types of benefits to the respective group of investors, but it depends upon the necessity and the requirement, which is totally based on the investor-to-investor. 

An investor may choose a Provisional Patent if they are short on funds and time and want to spend more time on the invention, thereby attracting more investors. This is the apt type of Patent for the above-mentioned type of investors. 

However, if the investor has fully developed and worked on their invention and has plenty of time and expenses, they may go for the Non-Provisional Patent registration. After developing the invention, there is no need to go for a Provisional Patent because, at the end of the registration process, the amount will be implemented to complete the registration process.

Therefore, it is the investor’s prerogative to choose the right kind of Patent Application for themselves. 

Difference between a Provisional and Non-Provisional Patent 

Points of Distinction	Provisional Patent	Non-Provisional Patent
Status of the Patent	A Provisional Patent is a temporary patent.	A Non-Provisional Patent is a permanent patent
Validity	A Provisional Patent is an intermediary application; therefore, it gives the time to the inventor to refine their invention.	It is valid for 20 years after issuance.
Status of the Invention	A Provisional Patent is filed when the inventor is in the middle of the invention, they have yet to work on it.	In Non-Provisional Patent the works of invention have been completed.
Process of Registration	The process of registration of a Provisional Patent is simple and not lengthy	The process of registration of a Non-Provisional Patent is lengthy and time-consuming
Expenses	The registration of a Provisional Patent is a more economical option as compared to a Non-Provisional Patent	Registration of a Non-Provisional Patent is an expensive procedure.
Changes to the Invention	A Provisional Patent is an intermediary application therefore it gives the time to the inventor to refine their invention.	A Non-Provisional Patent is final and hence it gives no room for any kind of changes to the invention.
Priority	A Provisional Patent is given less priority as compared to a  Non-Provisional Patent.	A Non-Provisional Patent has been given more importance than compared to a Non-Provisional one.

Conclusion 

An inventor is required to do proper research to choose the right form of Patent for their invention. Every type of Patent has a different set of pros and cons. A Provisional Patent offers a different set of advantages, and a Non-Provisional Patent offers a different set of advantages.

Therefore, choosing the right form of Patent by looking at your situation and circumstances is an important feature for which you will be required to obtain the right guidance. Our team of lawyers will help in understand it in more detail. 

Frequently Asked Questions 

Q1. What is the difference between Provisional and Non-Provisional Patent Application?

Ans1. A Provisional Patent Application is the initial application filed to safeguard the exclusive rights to the individual’s invention; however, a Non-Provisional Patent Application is the last step in the registration of the Patent, which will be used to exercise the right of protection against the Patent.

Q2. What is a Provisional Patent in India?

Ans2. As the name suggests it is a Provisional Patent that is a meanwhile right granted to the applicant who has applied to get the Patent. 

Q3. How long is a Provisional Patent Application valid in India?

Ans3. The application for Provisional Patent Application is valid for 12 months from the date of filing it. 

Q4. Does a Provisional application automatically result in the granting of a Patent?

Ans4. No, a Provisional Application does not automatically result in the granting of a Patent. 

Q5. What is Provisional Application in Indian Patent Law?

Ans5. A Provisional Application for a Patent is filed when the Invention is under experimentation.