What is the Role of Patent Attorney in Provisional Patent Application?

Introduction

In India, a provisional patent application is a preliminary application that is filed to secure a priority date for an invention. It is an essential step in the patent application process, and it is crucial to have an attorney to assist in the process. A patent attorney is a legal professional who specializes in patent law and can help inventors navigate the complex patent application process. In this article, we will discuss the roles of patent attorneys in provisional patent applications in India.

What is a Provisional Patent Application?  

A provisional patent application is a temporary application that is filed with the Indian Patent Office to establish a priority date for an invention. It is a preliminary application that is filed before the complete specification of the invention is submitted. The provisional application provides a one-year window for the inventor to file a complete specification for the invention. The provisional application is essential as it establishes the priority date for the invention, which is crucial in determining the patentability of the invention.

What is the Role of a Patent Attorney in a Provisional Patent Application?

A patent attorney plays a crucial role in the provisional patent application process. The attorney can help the inventor in the following ways:

1. Drafting the Provisional Patent Application  

The patent attorney can help the inventor draft the application. He has the expertise and knowledge to draft a comprehensive and accurate application that meets the requirements of the Indian Patent Office. The attorney can also help the inventor identify the key features of the invention that need to be included in the application.

2. Filing the Provisional Patent Application  

The patent attorney can file the application on behalf of the inventor. The attorney can ensure that the application is filed correctly and that all the necessary documents are submitted. The attorney can also monitor the application and keep the inventor informed of any updates or changes.

3. Conducting a Patent-ability Search  

The patent attorney can conduct a patentability search to determine if the invention is novel and non-obvious. He can search the existing patents and applications to identify any similar inventions. He can also advise the inventor on the patentability of the invention and the likelihood of obtaining a patent.

4. Providing Legal Advice  

The patent attorney can provide legal advice to the inventor on all aspects of the provisional patent application process. He can advise the inventor on the patentability of the invention, the requirements of the Indian Patent Office, and the steps involved in the application process. The attorney can also advise the inventor on the best strategy for protecting the invention.

Conclusion  

In conclusion, a provisional patent application is an essential step in the application process in India. It is crucial to have a patent attorney to assist in the process. A patent attorney can help the inventor draft and file the provisional application, conduct a patentability search, and provide legal advice on all aspects of the application process of patent filing. With the help of an attorney, an inventor can increase the chances of obtaining a patent for their invention.