Secure an early priority date for your invention
Category: Trademark & IP. From ₹9,999. Typical timeline: 5–10 days.
Overview
A provisional patent application lets an inventor lock in an early priority date for a new invention by filing a basic technical description before the invention or its claims are fully finalised, buying 12 months to develop the invention further, test the market, or seek funding before committing to the more detailed and expensive complete specification. This service handles the technical write-up and filing needed to secure that priority date quickly.
Who needs it
- Inventors who need to secure a priority date quickly before public disclosure, demos or funding pitches
- Startups still refining the invention but wanting IP protection to start running immediately
- R&D teams filing early to establish priority while continuing lab or product development
- Businesses that want the lower upfront cost of a provisional filing before committing to a full patent application
Eligibility
- The invention must be at a stage where its core technical concept can be described, even if not every detail or claim is finalised
- Available to individual inventors, startups, and companies planning to file a complete specification within 12 months
- Must not have been publicly disclosed before filing, to preserve novelty
Documents required
- Technical description of the invention, including any available drawings or diagrams
- Inventor and applicant details
- Any preliminary prior art references identified so far
- Power of attorney, if filed through an agent
Process
- Invention disclosure — The inventor shares the technical concept, problem solved, and any drawings available at this stage.
- Provisional specification drafting — A concise but technically sound description of the invention is drafted to support the priority claim.
- Filing — The provisional application is filed with the Patent Office to secure the priority date.
- Complete specification planning — The 12-month timeline to file the complete specification is tracked and planned for.
Government fees
- Provisional specification filing (natural person/startup/small entity): ₹1,600
- Provisional specification filing (large entity): ₹8,000 (approximate)
Professional fee
Our fee starts at ₹9,999, covering technical drafting of the provisional specification and filing to secure the priority date.
Timeline
Filing is typically completed in 5–10 working days once the technical description is finalised with the inventor; the complete specification must then be filed within 12 months of this date.
Deliverables
- Filed provisional patent application with priority date confirmation
- Provisional specification document for internal record
- Timeline tracker for the 12-month complete specification deadline
Frequently asked questions
What happens if I do not file the complete specification within 12 months?
The provisional application is treated as abandoned and the priority date is lost, meaning a fresh application would need to be filed if the invention is still to be protected.
Can I make changes to the invention after filing the provisional?
Yes, the complete specification can include refinements and additional details, but any new matter beyond what was disclosed in the provisional may not get the benefit of the original priority date.
Does a provisional filing get examined by the Patent Office?
No, provisional applications are not examined; examination happens only after the complete specification is filed and a request for examination is made.
Common mistakes
- Filing a provisional specification with too little technical detail to meaningfully support the later priority claim
- Publicly disclosing the invention before filing, risking loss of novelty for markets where India-only priority does not help
- Missing the 12-month deadline to file the complete specification
- Treating the provisional filing as the finished patent instead of a placeholder step
Penalties for non-compliance
- Missing the 12-month complete specification deadline causes the provisional application to lapse and the priority date to be lost
- Insufficient technical disclosure in the provisional can weaken or invalidate the priority claim later
- Public disclosure before filing can still jeopardize protection in jurisdictions with stricter novelty requirements
Legal references
- Patents Act, 1970 — Section 9 governs provisional and complete specifications
- Patents Rules, 2003 — prescribes the 12-month period to file the complete specification
- Patents Act, 1970 — Section 11B governs request for examination after complete specification
What will this cost you?
Adjust the options below for an instant, indicative estimate. Final pricing is confirmed once our team reviews your specific documents.
All catalogue prices are exclusive of GST. Tax (typically 18%) is calculated and added at checkout. Government fees vary by state and are confirmed before filing.
Packages for this service
Every tier includes the same filing accuracy and compliance review — the difference is turnaround priority, support access and how hands-on we are with your documents.
Indicative tiers — talk to us to confirm exact scope and pricing for your business.
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