Complete After Provisional – Indian Application
When filing a patent, applicants may sometimes begin with a provisional specification, providing a preliminary outline of the invention. Later, they can submit a complete specification, offering full technical details and legal claims. This process helps secure an early filing date while allowing time for refinement.
Serves as an initial disclosure of an invention.
Requires minimal formalities, avoiding claims.
Establishes a priority date, protecting early rights.
Valid for 12 months, within which the complete specification must be filed.
Contains a detailed description of the invention.
Includes claims, which define the scope of protection.
Must conform to the provisional specification’s subject matter.
Requires legal and technical accuracy for patent approval.
Criteria for Filing a Complete Specification:
- Must provide clear, sufficient disclosure, enabling skilled professionals to replicate the invention.
- Claims should be precise, novel, non-obvious and should demonstrate industrial applicability to ensure patentability.
- Supporting examples may strengthen the description.
- Timely submission within 12 months of the provisional filing is mandatory.
By following this structured approach, inventors secure a strong legal foundation for their patents, ensuring comprehensive protection of their innovations.