The first step is typically to file a patent application for the preliminary patent in India. It is recommended to file provisional patent applications. When done properly it provides you incredible benefit for a reasonable price. You will ultimately need to file a non-provisional patent application, but the provisional application gives you benefits. A impermanent application will freeze in place your filing date for 12 months, which means that when you later file a non-provisional patent application it will be entitled to the filing date of your provisional application, at least with respect to whatever you disclose in the provisional application. So if you do a meticulous job describing your invention in the provisional a later filed non-provisional application, which will hopefully ultimately mature into an issued utility patent, will be entitled to be considered filed as of the provisional filing date.
Perhaps the best benefit of a provisional is that the cost is substantially less than the cost of a non-provisional patent application. Many inventors simply do not get professional drawings or do a patent search at this point, which is certainly a viable option. If you are pretty sure you are ultimately going to move forward with a non-provisional patent application then doing the search and drawings would be advisable because it makes the provisional application better and you can just rely on the same search later and use the same drawings when you ultimately file the non-provisional patent application.
There are following steps to Preliminary Patent in India:
- First ask yourself, am I having properly documented/recorded details of my invention in a record such as such as lab note book
- The second step would be to test the invention is patentable or not
- Apart from the non-patentable inventions, the invention has to satisfy the patentability requirements such as non-obvious ,novelty and industrial application, which was discussed in details how to file patent in India.
- From the analysis of patentability, you will be in a position to decide whether to protect the invention under the patent or not.
- After filing your patent application, the patent application is published after 18 months from the date of first filing.
- Now you have obtained a patent for your invention!!