Provisional patents
A lot of intellect is required for converting a concept into a practical reality. It is highly unlikely that such inventions materialize overnight . The inventor keeps on thinking about the problem at all times, whether he is in bath like Archimedes, or sitting under a tree like Sir Isaac Newton. Such research and development is also expensive. Sometimes what remains is nothing but ash, like in case of Antoine Lavoisier's, who, in his attempt to decipher the composition of a diamond, burnt a large one, only to find that it is just carbon the same material that makes up the cheap charcoal. If, however, the inventor achieves his objective, the joy is unsurpassed. He or she knows that such moment may never come again in his or her entire life, and there is this intense need to hold on to the discovery as if it were one's baby - the way to fame and money. It is also at such times, that the inventor faces maximum risk of losing credit for entire hard work. Provisional patent concept was conceived to mitigate such loss of intellectual hard work of the inventor.
Once the inventor gets the provisional patent, nobody else is allowed to use his formulae, technology, or other discoveries that are covered by the patent. Such patent, however, is not a perpetual prevention of competition. It is granted only for a specific period, generally around 20 years. Such exclusive right to use the discovery is expected to help the inventor recover his or her costs of research.
Basic rules for patents were framed at Paris Convention for the Protection of Industrial Property (1883). Subsequently, each country framed its own set of patent laws, and there are some countries, which do not have much in terms of such intellectual property protection. The United States Patents and Trademark Office (USPTO) grants patents for discoveries and inventions in United States. United States Code 35 governs the patent related issues. In Europe, it is the European Patent Office that grants patents, based on European Patent Laws. Because of the territorial nature of patents, probability of existence of multiple patents for same or similar products is high. To do away with such flaw, an attempt is being made to centralize and standardize the method of granting patents. It is also proposed to make World Trade Organization the patent granting authority.
How does one go about obtaining a provisional patent An application in prescribed form disclosing the discovery is to be submitted by the inventor to the country's patent office. Then there are some oaths and declarations that are required to be given by the inventor . But this is not where the task ends. There is a rather hefty sum to be paid for obtaining the patent. The amount is used to examine merits of the invention, and also investigate whether such invention or any process therein, is likely to infringe any other patent. Even though reasonable, this amount becomes a deterrent for the applicant, who is uncertain of the likely monetary benefits of his or her invention.
In such situations, a provisional patent is desirable. Such option is offered by USPTO. Provisional patent, as the name implies, is a temporary patent. To be precise, its validity is only for 12 months. Major advantages of provisional patent are :
Major disadvantages of provisional patent are:
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