Provisional Patent Filing
A provisional specification buys you twelve months of priority for a fraction of the cost of a full filing — time to build, test and raise money before committing to the expensive part. It only works if the disclosure is written properly.
Starts at ₹9,999 + government fees, with startup rebate applied
What a provisional specification does
Indian patent law lets you file a provisional specification describing an invention before it is fully developed. Doing so secures a priority date. You then have twelve months to file the complete specification, and the invention is assessed for novelty as at the earlier date.
This matters because India operates a first-to-file system and absolute novelty. Any public disclosure before filing — a demo, a pitch, a paper, a product launch — can destroy patentability. The provisional filing is what lets you talk about the invention safely.
The twelve months is not extendable. If no complete specification is filed, the application is deemed abandoned and the priority date is lost.
Why file provisionally
Time to build, test and raise funding before committing to the cost of a complete specification.
Once filed, you can demonstrate to investors and customers without destroying novelty.
A provisional filing costs a fraction of a complete specification with claims.
Recognised startups, MSMEs, natural persons and educational institutions pay substantially reduced official fees.
The priority date supports a PCT application or direct foreign filings within twelve months.
You may mark the product as patent pending, which has real deterrent and commercial value.
Documents required
Technical
- Detailed description of the invention and how it works
- Drawings, diagrams or flowcharts
- The technical problem solved and how existing solutions fall short
- Any prototype, test or experimental data available
Applicant
- Name, address and nationality of each inventor
- Applicant details, where the applicant is a company
- Form 1 application, Form 2 provisional specification, Form 3 statement and undertaking
- Form 5 declaration of inventorship, filed with the complete specification
- DPIIT recognition or Udyam certificate, to claim the fee rebate
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How it runs
- Patentability assessmentWeeks 1–2
A prior-art search and an honest view on whether the invention is patentable in India, including whether it falls within the section 3 exclusions.
- Draft the provisionalWeeks 2–4
A patent agent drafts the specification. Breadth matters — the complete specification cannot go beyond what was disclosed here.
- File and secure priorityWeek 4
Filed with the Patent Office. Priority is established and the invention can be disclosed.
- Complete specificationWithin 12 months
Filed within twelve months with full claims. This is the document that defines the monopoly.
- Publication and examinationMonths 18–31
Published at eighteen months from priority. A request for examination must be filed within thirty-one months of priority.
Transparent pricing
Provisional
₹9,999
priority secured
- Patentability discussion
- Provisional specification drafted
- Forms 1, 2 and 3 filed
- Priority date secured
- Prior-art search
- Complete specification
Search + Provisional
₹24,999
informed filing
- Everything in Provisional
- Detailed prior-art search
- Patentability opinion
- Section 3 exclusions assessed
- Complete specification
Provisional + Complete
₹59,999
through to examination request
- Everything in Search + Provisional
- Complete specification with claims
- Request for examination
- First examination report response
- Foreign filing strategy
Professional fees only, exclusive of GST. Official fees are charged at actuals and depend on applicant category — natural persons, startups, small entities and educational institutions pay substantially less than other applicants.
What determines whether this works
The complete specification cannot exceed the provisional
Whatever is not disclosed in the provisional does not get the earlier priority date. A thin, hurried provisional gives you a date for very little. This is the most common and most expensive mistake — the whole value of the filing depends on the breadth of what was actually described.
Section 3 excludes a great deal
Section 3 of the Patents Act excludes mathematical and business methods, computer programs as such, algorithms, mere discoveries, and new forms of known substances without enhanced efficacy. Software inventions are patentable in India only where they demonstrate a technical effect beyond the program itself. Many software startups are told otherwise by people selling filings; an honest assessment first saves considerable money.
Disclose nothing before you file
India requires absolute novelty. A demo day pitch, a published paper, a product launch or a detailed website description before filing can destroy patentability worldwide. There is a narrow twelve-month grace period for certain disclosures, but relying on it is unwise.
The twelve months is hard
No complete specification within twelve months means the application is deemed abandoned. Diarise it from the day of filing, and start drafting the complete specification at month eight, not month eleven.
Examination has to be requested
The Patent Office does not examine automatically. A request for examination must be filed within thirty-one months of the priority date, or the application is treated as withdrawn. Expedited examination is available to startups and small entities and can save years.
Filings are made with the Indian Patent Office under the Patents Act, 1970.
The twelve months that follow
Use the period deliberately. Test the invention, refine it, and record any improvements — these can be incorporated into the complete specification, which is often broader and stronger than the provisional as a result.
Decide on foreign protection before the twelve months expire. A PCT application preserves the option of filing in most countries for a further eighteen months; direct national filings must be made within the twelve-month priority period. Missing this window forecloses international protection permanently.
If the invention turns out not to be commercially worth pursuing, simply let the provisional lapse. That is a legitimate and inexpensive outcome, and considerably better than discovering the same thing after paying for a complete specification.
Frequently asked questions
What is a provisional patent application?
A filing containing a description of an invention without formal claims, used to secure a priority date. The complete specification with claims must follow within twelve months.
How long does provisional protection last?
Twelve months, and the period cannot be extended. If no complete specification is filed in that time, the application is deemed abandoned and the priority date is lost.
Can I disclose my invention after filing provisionally?
Yes. Once the provisional is filed you have a priority date, so demonstrations, pitches and publications no longer destroy novelty for that disclosed subject matter.
Is software patentable in India?
Only in limited circumstances. Section 3(k) excludes computer programs as such, algorithms and business methods. A software invention must show a technical effect beyond the program itself, and many do not qualify.
What does a patent cost?
Our provisional filing starts at ₹9,999, with the complete specification substantially more. Official fees depend on applicant category — recognised startups, MSMEs, natural persons and educational institutions receive an 80% reduction.
When must I request examination?
Within thirty-one months of the priority date. The Patent Office does not examine automatically, and failing to request examination means the application is treated as withdrawn.
Official references
The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.
- Intellectual Property IndiaTrade marks, patents and designs registers
- Ministry of Corporate AffairsCompanies Act filings, forms and fee schedules
Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.