What is Provisional Patent?

Patent registration in India: Patent registration can be defined as a exclusive legal right granted to the inventor. This right is only granted to the inventor for his original invention, which prevents others from using, selling, offering to sale, permitting import/export of that invention without permission from patent owner. Patent registration to the inventor provides legal protection and allows him to exploit his innovation.

The Indian Patent Office awards patents and filing of patent applications under the Patents Act of India, 1970. First, filing the provisional patent is the initial step in patent registration, and it allows inventors to claim prior filing date protection, followed by filing the entire specification.

The concept of a provisional patent is broadly about getting some protection on the date of the invention and permitting the inventor some opportunity, that is, a period of 12 months, to further perfect the invention.

Benefits of Provisional Patent

1. Early Priority Date: By filing a provisional patent application, the inventor would establish an early priority date for the patent, keeping it out of competitors’ hands and giving the inventor the advantage by being the first to file

2. Cost-Effective – It is a cheaper option than filling a complete patent application initially. The cost is lower, making it a cost-effective option for individual inventors as well as startups.

3. Market Validation – An inventor can apply and validate his idea with its market viability in advance for 12 months prior to filing for full patent registration. During this period, the applicant can even make the necessary modification in the description details and claims of the patent

4. Extended Protection – The 12-month period will provide further scope for improvements before finally completing the patent specification with protection being granted from the date of provisional application.

What can be including in Provisional Patent?

Even though the final patent submission entails providing detailed information and technical requirements, the provisional patent allows room for some leeway. Here is some of the information that can be included:

1. Title of the Invention: Describe your invention in a few words.

2. Technical Field: What technical domain does your invention fall into?

3. Background: Describe the existing problems or limitations addressed by your invention.

4. General Description: Write a general description of your invention, including its functions, its main components, etc. You can come up with a rough drawing to make it easier for you.

Eligibility Requirements for Provisional Patent

Some eligibility has to be met when filing a provisional patent application. These are things such as inventiveness, novelty, description, etc. The following are the major eligibility requirements that have to be met to file a provisional patent.

1. Novelty: The invention has to be entirely new and previously unknow to the general public. It has to be unpublished, unpublished, or never publicly presented or sold.

2. Utility: The invention must be practical in nature and possess utility, meaning it has to be useful. Abstract ideas and scientific theories do not qualify.

3. Description: Information provided in a provisional application description needs to be sufficient for someone skilled in the field to understand how to make and use the invention. It includes descriptions of the components, functionality.

4. Inventiveness: The invention itself must not be an obvious improvement over existing knowledge within the same field. It must, rather, show inventiveness and an inventive step beyond what a skilled person would anticipate.

Provisional Patent Process in Tax Esquire CA Firm

Step 1: Conducting a Patent Search

Prior to patent filing, prior art search is a critical activity to guarantee that the invention is unique. Prior art refers to existing knowledge or technology relevant to the determination of the patentability or validity of a given invention. Patent search is important to determine whether the invention is valid to warrant patent registration by searching to ensure that the invention does not infringe on existing patents or that the invention has not been a part of prior knowledge. The second reason for performing a patent search is to make sure that the invention has not fallen into excluded domains of patentability as stated by the patent act.

Step 2: Drafting a Provisional Patent Application

A provisional patent application will include:

Title of the Invention – A clear and concise title.

Field of the Invention – The technical domain of the innovation.

Description of the Invention – A broad description without specific claims.

Advantages of the Invention – How it improves existing technology.

Anticipated Result – What the invention strives to achieve.

Step 3: Filing the Provisional Patent Application

The inventor must file the following:

Form 1: Application for Grant of Patent: The information provided in this form includes Applicant and Inventors details.

Form 2 – Provisional Specification – It includes particulars that are necessary, such as title, field, background, objectives, figures & description of figures, and description of invention, but claims are not necessary, and the description is not detailed or specific. Form 26 – Power of Attorney of Patent Agent – includes the Power of Attorney executed by the Applicant to enable the Patent Agent to execute all Patent Application related activities with the Indian Patent Office on behalf of the Applicant. Once submitted, it is recognized by the Indian Patent Office and given a priority date.

Step 4: Filing the Complete Patent Application

Within 12 months of filing a patent, the inventor has to file a complete specification, which includes claims that define the scope of the patent. Failure to do this will result in the abandonment of the provisional patent.

Step 5: Patent Examination

Once the whole application has been submitted, the Application for Examination (Form 18) needs to be filed. The Indian Patent Office will process the application and verify if it meets the requirements for being ‘patentable’; if it does, the ‘First Examination Report’ (FER) will be issued. The Applicant will then file the FER Response to address any queries or objections identified in the report. The Application will then be published in the journal if everything has gone well so far.

Step 6: Publication and Grant of Patent:

Upon examination and approval, the patent in India is published in the official journal. If there is no opposition, patent registration is granted, which offers legal protection to the inventor.

Features of Provisional Patent

1. Early Priority Date

A provisional patent secures the earliest filing date for an invention.

2. Temporary Protection

It grants protection for a period of 12 months, during which a complete patent application must be filed.

3. No Claims Required

Filing claims is not required, making the application easy and flexible.

4. Low-Cost Filing

Provisional patents have lower government fees compared to the complete patent.

5. Allows Further Development

During this period, inventors can continue research, test, and make improvements.

6. Confidential Filing

At the stage of a provisional patent application, the invention is not published. Not a Patent Grant A provisional patent does not convey exclusive rights on its own.

7. Compulsory Conversion

 A full patent application is required to be filed within 12 months, failing which the provisional application lapses.

8. Suitable for Startups & Innovators

Ideal for protecting ideas in their infancy, especially for startups without comprehensive documentation.

Required Documents for Provisional Patent

1. Complete Specification (Form-2)

This is the main document of the patent application. It contains:

·       Title of the invention

·       Field of Invention

·       Background and prior art

·       A detailed description of how the invention works

·       Claims related to definitions for legal protection

·       Abstract summarizing the invention

·       Drawings/diagrams,

2. Form-1 – Application for Grant of Patent

·       Contains basic information, such as:

·       Name and address of applicant

·       Type of application

·       The proposed

·       Information on inventors

3. Form-3 - Statement and Undertaking

Declares information pertaining to any foreign patent applications filed for the same invention, if any.

4. Form-5 – Declaration of Inventorship

Confirms the true and first inventors of the invention.

5. Form-9 – Request for Early Publication (Optional)

Allows the publication of the patent application before 18 months. This accelerates the process.

6. Form-18 / Form-18A – Request for Examination

Mandatory for patent examination:

·       Form-18 – Normal Examination

·       Form-18A – Expedited examination (eligible cases)

7. Drawings or Diagrams

Technical drawings are provided when needed to clarify the invention.

8. Priority Document

·       Required when claiming priority from

·       Application, for a provisional patent, or

·       A foreign patent application

9. Power of Attorney (Form-26)

Required if the application is submitted through a registered patent agent.

10. Applicant & Inventor Information

Gives details on applicant and inventor’s identity, address, and nationality.

If you wish to get a provisional patent in India, it is highly beneficial, and it provides an inexpensive way of establishing an early filing date for an invention or a concept. It gives you an allowance of 12 months before filing a more detailed complete patent registration, giving you time to perfect your idea, gauge its feasibility or marketability, and then complete a full patent registration. While it's not a requirement for a provisional patent to have extensive details about its functionality, it needs an extensive explanation of the basic concept behind an invention. India Filings helps you get a provisional patent and can extend it to complete patent registration!! Register Now!