Provisional Patent

provisional patent

Provisional Patent The Patent is an exclusive right for any new invention of an Inventor, which is being given by the government after submission of the description by the Inventor. Through this authorization, he has an exclusive right to produce, manufacture and sell his product. However, the authorization is provided for a limited period of time and he has to publically disclose his invention. A patent is governed by the Patent Act of 1970. The authorization is granted to provide protection to the invention of the Inventor. A patent can a process, service or product which shall be an original invention and it provides protection from the competitors.

As per the Patent Act, 1970, patents are specified under two categories:

– Provisional Patent Specification

– Complete Patent Specification

After the preparation of an application for Patent, the same is to be submitted with the patent office. In application either provisional or complete specification can be filed, if you have filed the provisional specification then complete specification shall be filed within a period of 12 months from the date of filing of the application. It is to be noted that there are various kinds of application which can be filed with the Indian Patent Office. It can be an Ordinary application (Normal application), PCT (National Phase Application), PCT (International application), Convention application, Divisional application and Patent of addition application.


The Provisional Patent is the first step and is filed to get protection from a competitor before the filing of a complete patent. As it is obvious that in order to file a complete patent lots of hard work is required to be done, which includes details of the specification and other stuff, in order to protect your work and design a provisional patent can be obtained. This will help to protect your Patent also you can work further on your invention without any worry. It can be said to be interim protection to the Inventor.

A Provisional Patent Application is a patent application used by the Inventor in order to save the filing date and avoid unnecessary cost with regard to the filing and other prosecution of a nonprovisional patent application.


Here are the advantages of Provisional Patent

It is cost-effective: Yes it is cost-effective, it helps the Inventor who does not have the money currently and this helps him to arrange the funds. The cost of provisional Patent is way less than the complete Patent.

It provides Interim Protection to the invention of the Inventor, once it is filed, a 12 month period is given to the Inventor to file the complete specification. It helps the Inventor to arrange the fund and finalize the invention done by him.

It can also use the mark that the application of Patent is pending with the authority the tag can be used by him till the approval of the complete Patent. However, it is an optional step inventor if desire can file a complete Patent as well.


In order to file Provisional Patent, there are various form needs to be filed with the authority the format of the forms are provided under the Act. The forms includes Form 1, Form 2 Form 3 Form 5 and other the information to be provided under the forms are as follows:

  1. Name of Inventor, Title of the invention
  2. Provisional specifications
  3. Description
  4. Objective
  5. Drawing, an illustration of the invention
  6. Fees

The forms can be downloaded from the portal of Patent.

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