File a Provisional Patent
An actual license is not the same as an application for a temporary license. An inventor can test and refine any idea before submitting a full patent through a provisional patent application, which offers a cheaper and quicker way to secure protection product up to one year
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INTRODUCTION
What is an application for a provisional patent?
A provisional patent application is a preliminary step in securing legal protection for your invention. It is a simplified and cost-effective way to establish an early filing date for your innovation before submitting the complete patent specification.
This application provides a basic description of the invention—highlighting its core concept, functionality, and utility—without requiring formal claims or exhaustive technical details. While it does not grant legal patent rights by itself, it helps inventors secure a priority date, which is crucial in determining the rightful owner of an invention in case of disputes.
Filing a provisional patent application is especially useful for startups, researchers, and innovators, as it offers 12 months of protection to further develop the idea or seek funding while preserving patent rights.
ADVANTAGES
The advantages of submitting a patent application provisionally
Establishes Priority Rights
A provisional application secures an early priority date for your invention, giving you legal precedence over others who may attempt to file similar patent applications later. This is a crucial advantage in patent law where the first to file is often granted rights.
Buys Time for Development and Refinement
A provisional patent grants the inventor 12 months to further develop and perfect the invention before filing the complete specification. This time can be used to improve the invention’s utility, novelty, and inventive step in accordance with patent requirements.
Assesses the Commercial Potential
Filing a provisional application is a strategic, cost-effective way to test the value of your invention. During the 12-month period, the inventor can assess feasibility, explore market potential, and determine if the invention merits full patent protection. If not pursued further, the application can simply lapse without public disclosure or penalties.
Offers Strategic and Financial Benefits
A patent is a valuable intellectual asset. Once granted, it can provide significant financial returns through licensing, assignment, or sale. Many industries, particularly pharmaceuticals and technology, generate large revenues from patented products by commercializing or monetizing them through legal agreements.
A LIST OF DOCUMENTS
📄 Required Documents for Filing a Provisional Patent Application
To file a provisional patent application in India, the following documents and information are necessary:
1. Title of the Invention
A precise and concise title that clearly reflects the nature and purpose of the invention.
2. Applicant’s Information
Details of each applicant including:
Full Name
Complete Mailing Address
Nationality/Country of Residence
3. Description of the Invention
A comprehensive description of the invention, covering:
The idea or concept
Its intended use or purpose
Functional aspects
Any benefits or advantages over existing solutions
4. Technical Details and Drawings
Technical specifications or workings of the invention
Drawings, sketches, or diagrams (if applicable) to help illustrate the invention clearly
💡 Note: While claims are not mandatory in a provisional application, a clear description helps ensure strong protection and easier drafting of the complete specification later.
When is an Invention Not Patentable?
According to Indian Patent Law, certain categories of inventions are excluded from patent protection. An invention is not patentable if:
It is a Scientific Theory or Mathematical Method
Concepts that are purely theoretical or mathematical in nature, without any practical application, cannot be patented.
It Represents an Aesthetic or Artistic Creation
Creations such as:Literary works,Dramatic compositions,Musical or artistic expressions,Computer programs as such are protected under copyright law, not patent law.
It is a Scheme or Method for Performing a Mental Act
Abstract ideas, business models, or methods without industrial or practical utility—such as ways to organize human activities or perform calculations mentally—are not eligible for patent protection.
File Your Provisional Patent Application in 3 Easy Steps
Step 1: Follow a Quick Process
Fill out our online questionnaire in under 10 minutes
Upload required documents
Make secure payment through our encrypted payment gateway
Step 2: Experts at ClassicTrademark Are Here to Help
Dedicated Relationship Manager assigned to your case
Consultation regarding the Provisional Patent Application
Drafting of documents and agreements by legal experts
Preparation & Filing of your application with IP India
Step 3: Your Provisional Patent is Filed
The process takes only 15 working days
Subject to Government processing timelines
Process to Apply for a Provisional Patent
📅 Day 1–2: Collection
Initial consultation and gathering of key information
Submit required documents
Provide a detailed draft description including invention details, uses, and advantages
📅 Day 3–13: Execution
Our experts vet your draft and refine it
Preparation of the Provisional Patent Application (Form-2)
Reviewing and enhancing the technical claims
📅 Day 14–15: Submission
Final review of documents
Online filing of the Provisional Patent with the Controller General of Patents
Frequently Asked Questions
Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.
Filing a patent gives you exclusive legal rights over your invention. Without patent protection, anyone can commercially exploit, copy, or sell your idea once it enters the public domain. A patent ensures that only you have the right to make, use, or license the invention.
Be prepared to share:
The history of your invention
Any prototypes or models
Detailed explanations, including the invention’s functionality and benefits
Technical drawings, if available
Clarification on whether it's a new invention or an improvement on an existing one
This helps your attorney draft accurate claims and highlight the novelty and utility of the invention.
No. Once an invention is publicly disclosed, it loses its novelty and becomes ineligible for patent protection. Always file a provisional or complete patent application before any public disclosure.
An invention must meet all three of the following:
Novelty: It must be new and not disclosed anywhere before.
Inventive Step (Non-obviousness): It should not be obvious to someone skilled in that field.
Industrial Applicability: It must have a practical use and be capable of being made or used in industry.
A provisional patent remains valid for 12 months from the date of filing. During this period, the inventor must file a complete specification. Failing to do so will lead to abandonment of the application.
A Provisional Patent is a temporary filing used to secure an early filing date while the invention is still under development.
A Permanent (Complete) Patent is filed when the invention is finalized and includes all technical details and claims. It provides protection for up to 20 years from the date of filing.