Provisional Patent

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Introduction

Patent is a right provided to an individual whether natural or artificial by the government through the Patent Act which restricts otherspersons from using/selling/ importing the patented product or process without prior approval of the inventor.

The first step of Patent protection is Patent filing where an inventor protect his/her invention nd ideas from being misrepresented by the any other person. Under Patent Act, 1970 patent can be protected by filing patent application either with provisional specification or with complete specification.Following the description of permanent specification.

A Provisional Patent application is aninterim step for obtaining a patent. It is an effective step because a person can market the said invention without any fear of losing his/her patent right procuring the cash in order to proceed with development and other patent operations. For increasing the chances of obtaining patent registration, a provision specification can be filed along with the patent application if the applicant/inventor feels that the said invention has reached a stage wherein it can be disclosed on paper but has not attained its final stage.

Legal Window has team of experts providing you the right legal guidance and best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to securing the Provisional Patent.You may get in touch with our team on 072407-51000 or email admin@legalwindow.in Provisional Patent Registration.

Advantages of Provisional Patent

Provides exclusive right even at early filing

As soon as application is filed by the inventor i.e. either the Provisional Patent Application as it grants security and surety that no other person shall have a right to claim the same invention, exclusively within 12 months.

So if any other person files the a similar Application it would not be admissible and will be rejected for the filing period.

Authorizes complete freedom of reforms

The patent granted to the inventor offers the complete freedom to use their own ideas for the valid duration for 20 years in India. During the said no other person can use/ sell/ modify the invention without owner's permission and also the inventor has a right to file case against the unauthorized user for using their ideas leading to infringement.

Generating ROI (Return on Investment)

The Patent can also be assigned If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can do so. The patent rights allows to commercialize the invention thereby earning a good return on investments.

Giving a good market status

The patent Act allows the inventor to create a public impression and improving his/her portfolio by bringing the invention in the public domain. Further it also helps in building the reputation in the market along with the good customers relationship which helps in earning profits.



Allows public disclosure

Sharing the information publically not only builds up the inventors portfolio but also increases the company’s funds, business partners, and market value and making the invention available in public will demonstrate the good command over the invention and specialization in the technical subject-matter. It will also benefit the inventor thereby attracting leading investors, business partners and customers.

Minimum Requirements

Patentable subject matter which is decided in accordance with section 3 or 4 of the Patent Act List;

Novelty which means it should be new invention with no same or similar prior arts.& it should not have been published in a public domain;

The step taken for registration must be an inventive step not is an obvious to a person skilled in the same filed to which such invention relates;

The invention must have a practical utility which means it should be capable of being applied in any industry.

Documents Required For Provisional Patent

ID and Address Proof of Applicant and Inventor

Title of the Invention;

Description of the Invention

Claims of The Invention

Technical aspects of the Invention and drawing copies in case provisional specification is filed;

Digital Signature Certificate of the Inventor/Applicant;

Certificate of incorporation/MSME or Startup registration Certificate(other than individual)

Process of Provisional Patent

1. Complete the Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of Patent.

2. Requirement of Documents
Basic documents as stated in the above paragraph in accordance with the questionnaire provided are required along with an authorization letter which is to be signed by you. This process may take up to 1-2 working days.

3. Conducting Patent Search
After receipt of documents we will conduct a Search for patentability of the invention on the basis of which your application will be drafted.


4. Drafting of Patent Application
On the basis of information received our experts will draft the application for you with complete specification including the claims and along with the other necessary information and same will be filed to the Patent Office in India.

5. Patent Submission
After the said submission it will be published in the official journal and after the said publication examination is requested and the Patent is granted post satisfaction of the examiner.

Get Provisional Patent filing starting from ₹ 12000/-

Patent Search

Professional Consultation

Drafting of Application

Filing of Application

How Patent is Different from Other IP's

S. No Basis Trademark Patent Copyright
1. Governed By Trademark Act, 1999 Patents Act, 1970 Copyright Act, 1957
2. Used to Protect Protection of the unique name that signifies a brand distinct from other. It Can include name, slogans, logo, shape, colours etc. It Protects of inventions that are novel and original and also has industrial utility. It Protects the original creative expressions like the literary works, artistic works, dramatic works etc.
3. Validity It is Valid for 10 years which can be made perpetual by renewing the same trademark every 10 years. It is Valid for 20 years which starts from the day the application was first made. It is also a territorial right which effective only within the territory of India. It is Valid for life time of the author including 60 years after his/her death.
4. Secures It secures the brand under which the said product or services are sold It secures the inventions which are useful for the world. It secures the creative or the intellectual creations.
5. Existence of right As soon as it is registered the applicant of the mark is entitled to claim complete right over the said mark. It takes a long time to get it registered but the owner of the patent can stop any other from claiming the right over the said particular patent and the moment he/she applies for provisional patent. The Exclusive rights of the owner is created at the moment the authorship creates the work.
6. Provisional Application requirement It does not include any provisional application, but it requires a trademark search. Here provisional application can be made which gets you 12 months of time to file a complete specification which is final, and a priority date claim. No provisional application required.
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FAQs on Provisional Patent

What is provisional specification?

A Provisional Patent application is an interim step for obtaining a patent. It is an effective step because a person can market the said invention without any fear of losing his/her patent right procuring the cash in order to proceed with development and other patent operations.

How is Provisional specification is filed?

It can be filed with an Indian Patent Office either with complete specification or provisional specification along with fee as mentioned in schedule I. In case the provisional specification application is filled then complete specification is to be filed within 12 months from the date of filing of the application.

Why should one patent the invention?

In order to possess exclusive rights over the invention it is necessary to patent the invention. If the same is not protected under the law it can be exploited commercially and hence in order to restrict someone from misusing the same patent is required.

Are there any additional charges for adding more than 10 claims in the patent application?

Yes, in case the claims in the permanent application is extended for more than 10 in number, an additional fee would be levied in accordance with the fee structure table given under the first schedule of the Patent Act 1970.

Is the Patent registered in India is valid outside India?

No it is not valid outside India as No patent is global.

Are there any benefits if I hold a MSME certificate for my entity, or only certification of start-up India endows me with rebated fees ?

Both the certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.

When does the patent expires?
  • When terms of 20 years is fully completed;
  • when the patentee fails to pay the annual renewal fees ;
  • when the validity has been successfully challenged by an opponent by filing an opposition;
  • when patent has been revoked.
What is the difference between Provisional patent and permanent patent registration?

Provisional Patent Application(Form-2) is a type of interim application filed for securing the patent at initial level which secures your idea and concept of working whereas the final patent registration is done with complete specification and after the whole process is complete.