Provisional Patent

  • Examine Details- Includes examination of every single possible detail, including the potential uses of the invention across industries and certain benefits over existing products
  • Drafting of Application by experts.
  • Filing of Application to the Registrar- On approval of an equivalent, one can utilize ‘Patent Pending’ on the product

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Provisional Patents

A Provisional Patent application is an interim tread on the road to a patent. It’s effective because by filing an appropriate provisional application an individual can showcase the innovation unafraid of losing his patent rights, obtaining money to continue with improvements and further patent activities. One of the most significant legal documents while applying for patent enrollment is a provisional specification or complete determination.

To extend the probabilities of obtaining patent registration, a provision specification are often filed alongside a patent registration if the applicant feels that the creation has arrived at a phase wherein it is often disclosed on paper, but has not attained the ultimate stage.

Documents Required to Register Copyright

Advantages of Filing provisional Patent

Components of Provisional Patent Specification

The Provisional Specification is generally clarified under two topics, i.e. ‘Title’ which should decently catch features of the invention and will be short and to the purpose. Further Description begins with the Preamble and contains the sector and object of the invention.

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Frequently Asked Questions

A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development, and further patent operations.

A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with a fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application.

A provisional patent application is unlike a non-provisional application since it will never be examined, but is used to establish a priority date. The provisional application is designed to buy the inventor more time to decide if he wants to pursue a non-provisional patent application, which requires more work and is typically more expensive. A provisional patent application is a simple description of an idea along with any applicable drawings. A non-provisional patent application requires a few more components than the provisional patent application. It requires a set of claims, a description of the invention, any applicable drawings of the invention, an abstract, a filing fee, and an oath or declaration.

Generally, an application filed with provisional specification is known as a provisional application which is useful in establishing a priority date for your invention. Moreover, filing a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specifications. However, it is not necessary to file an application with provisional specification and one can file an application directly with complete specification.

Indian Patent Law follows the first to file system. Provisional specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after the filing of the provisional application. If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned


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