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Drafted and filed by a registered patent agent

Provisional Patent Application in India

Section 9, Patents Act, 1970 · Form 1 and Form 2 · Complete specification within 12 months

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Registered Patent Agent
Last updated
  • Written to support your claims. Enough detail, variations and examples to carry the priority date.
  • Filed before disclosure. Timed ahead of launches, pitches, papers and trade shows.
  • 12-month plan. Complete specification, foreign filings and budget mapped from day one.

Secure your priority date

Tell us the field, the stage of development and any planned disclosure date.

Confidential. Reply within one working day. Never shared.

  • Vashi, Navi MumbaiOur office, Sector 30A
  • Since 2008Filing with IP India
  • Drafting to grantSpecification, FER reply and hearing
  • Filing abroadConvention and PCT routes from India

Provisional patent application at a glance

Law
Forms
Claims
Deadline
Government fee
Use abroad

When should you file a provisional patent application?

File a provisional when the core of the invention is clear but the details are still moving, and you need a priority date now. Common triggers are a product launch, an investor pitch, a conference paper, a grant application or a pilot with a customer: once the invention is public, novelty is gone. Inventors near our office can talk it through in Vashi before anything is shown: see patent filing in Navi Mumbai.

A provisional also buys time to decide. In the 12 months that follow, you can test the invention, gather data, talk to the market, and decide whether and where to file abroad, without losing the priority date.

It is not the right tool in every case. If the invention is finished, a complete specification filed straight away saves a step and starts the examination clock sooner. And a provisional is only as good as its content: claims in the later complete specification get the provisional’s date only for matter that was fairly described in the provisional (Section 11).

How is a provisional specification different from a complete specification?

How is a provisional specification different from a complete specification?
FeatureProvisional specificationComplete specification
Purpose
Claims
Detail
Examined
Published
Lifespan

What should a provisional specification contain?

  • Title and field. What the invention is and the technical area it belongs to.
  • The problem. The limitation in existing solutions that the invention addresses.
  • The solution. How the invention works, in technical terms.
  • At least one detailed embodiment. A concrete way of making and using it.
  • Variations and alternatives. Other materials, configurations or steps that would also work.
  • Drawings or flowcharts. Figures that show the structure or the process.
  • Data, if available. Test results, especially for chemical and pharmaceutical inventions.
  • Advantages. The technical benefits that will support inventive step later.

What is the government fee for a provisional application?

What is the government fee for a provisional application?
Government fee, e-filingNatural person, startup, small entity or educational institutionAll other applicants
Application for grant of a patent (provisional or complete)Form 1up to 30 pages and 10 claims₹1,600₹8,000

How do you file a provisional patent application?

  1. Week 1

    Invention disclosure

  2. Week 1 to 2

    Quick prior-art check

  3. Before any disclosure

    Draft and file

  4. Months 1 to 11

    Develop and decide

  5. By month 12

    File the complete specification

  6. By month 12

    File abroad with priority

Provisional patent FAQs

Can the 12-month deadline for the complete specification be extended?
Can I use “patent pending” after filing a provisional?
Is a provisional application published?
Can I add new features in the complete specification?
Should a startup file a provisional?
Can I file a provisional application myself?

Official sources

  1. 1.Patents Rules, 2003, as amended (IP India)
  2. 2.Manual of Patent Office Practice and Procedure (IP India)
  3. 3.Patents: forms and official fees (IP India)
  4. 4.Patents Rules, First Schedule (IP India)
Guides

Further reading

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