Provisional Patent in India
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Provisional Patent - The courage to claim your creativity, and the first brick in building your legacy.
A Provisional Patent Application in India is a temporary and optional application filed with the Indian Patent Office (IPO) to secure an early filing date for your invention before filing a complete specification.
Why Register for a Provisional Patent?
Secure Early Filing Date (Priority Right)
Filing early gives you a legal advantage over others who may try to patent a similar idea later.
Protect Your Idea While You Develop It
You get 12 months of legal protection to refine, prototype, test, or pitch your invention without fear of idea theft.
Showcase “Patent Pending” to Investors & Market
Once filed, you can officially use “Patent Pending” to look more credible and professional to investors, partners, and customers.
Lower Initial Cost with Flexible Filing
It’s affordable and less complex compared to a full patent, making it ideal for startups, students, and independent inventors.
More Benefits to Scale Your Business
1. Investor Attraction
Having a provisional patent shows seriousness and innovation, making your business more attractive to potential investors or partners.
2. Faster Market Entry
File quickly and get to market with “Patent Pending” status, rather than waiting months for a full patent.
3. Flexibility in Filing Final Specification
You can explore different product versions, add features, or even pivot slightly — all before submitting the complete patent.
4. Protection Without Disclosure
Unlike published complete patents, provisional patents are not made public immediately — offering you confidentiality during early stages.
5. Boosts Your Brand’s Innovation Value
Customers and clients see your brand as inventive and legally protected — enhancing trust and market perception.
6. Helps Beat Competitors to Filing
In a race to patent, filing provisionally gives you the edge over rivals who haven’t yet moved legally.
Pre-requisites for Registration
1.Clear Invention Idea – Your invention must be novel, useful, and practically feasible.
2.Provisional Specification – A brief technical description of the invention with or without drawings.
3.Title of the Invention – A short and specific title (preferably under 15 words).
4.Applicant Details – Name, address, nationality, and contact info of the inventor or applicant.
5.Required Forms – Submit Form 1, Form 2, Form 5, and Form 26 (if using a patent agent).
6.Digital Signature (DSC) – A Class III digital signature is required for online filing.
7.Government Fee – Pay applicable fees (₹1,600 to ₹8,000 depending on applicant type).
8.Technical Viability – The invention should be capable of being made or used practically.
Documents Required
- Form 1 – Application for grant of patent
- Form 2 – Provisional specification (technical write-up of the invention)
- Form 5 – Declaration of inventorship
- Form 26 – Authorization of patent agent (only if you're using an agent)
- Applicant's ID proof – Aadhaar card, PAN card, or passport
- Address proof of applicant – Utility bill, Aadhaar, or rental agreement
- Digital Signature Certificate (DSC) – For online filing via IP India portal
- Drawings or sketches – Optional but helpful for clarity (if applicable)
- Government fee receipt – Proof of fee payment based on entity type
- Startup/SME certificate – If applying as a startup or small entity (optional but gives discount)
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Common Questions
Most Popular Questions
A provisional patent is a temporary application that protects your invention idea for 12 months before filing the full (complete) patent.
It helps secure an early filing date, gives legal protection, and allows time to develop or test the invention.
It is valid for 12 months. You must file the complete specification within this period.
Yes, you can claim “Patent Pending” and start presenting, pitching, or licensing your invention.
No, but your idea must be detailed enough to explain how it works.
No, it only gives protection in India. You’ll need to file
Yes, you can refine it and include new details while filing the complete patent within 12 months.
Your provisional application will expire, and the invention will no longer be protected.