Securing a patent for an invention is often seen as a long, arduous and complex process and for good reason. The journey from filing to grant can be demanding, both technically and strategically. Patent offices in many jurisdictions, like India, Australia, etc., are known to undertake rigorous scrutiny of patentability of the claims before approving the patent grant.
Upon receipt of an application for grant of a patent, the patent office evaluates every detail of the invention and the claims therein critically. The objective is to verify that the invention meets the essential criteria of patentability, which primarily include novelty, inventive step (non-obviousness) and industrial applicability (utility).
The thorough examination is aimed at protecting the integrity of the patent system; however, it also means that applicants must be meticulous in not only researching prior art and specifying the claims, but also drafting the application. Any oversight in drafting or documentation can lead to delays, objections, or even rejection.
For innovators who are still refining their ideas, filing a provisional patent application offers a smart and strategic first step. This option provides a priority date, which then is recognized as the effective date for the invention.
The preliminary step of 'provisional application filing' essentially helps the applicant stake a claim over the invention and assert its novelty and originality. It also does not require either formal claims to be specified or rigorous examination standards to be met.
The provisional application affords an additional time period of 12 months to further develop the invention, be it a product, device, system, apparatus or method, before filing the complete application with all working details, specifications and claims. It also proffers protection against subsequent claims of similar inventions by others.
The filing of a provisional application also entitles the inventor to claim ‘patent pending’ status for the 12-month period from the priority date. The provisional application filing also signals to investors that the inventor is serious about the commerical potential of the innovation. However, it has to meet ‘best mode’ and ‘enablement’ standards; the description should comprehensively convey the invention’s nature and operation.
The patent law in most jurisdictions provides for expedited patent application filing. Inventor can also request for early publication of their claims, by applying to the patent office using the appropriate forms, followed by an application for expedited examination.
At Blaze Ventures, we have elaborate processes and qualified professionals for helping inventors and enterprises navigate the “patenting” process with ease and effectiveness.
