Provisional Patent Application

As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date and allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

A provisional patent application buys you the time to file the complete patent application/ non- provisional patent application before the patent office within 12 months of filing while establishing the priority for the invention.

In simple words, a Provisional Application is a temporary, quick, inexpensive application filed before the Patent Office, to claim a “Priority Date” when an invention is not complete in all aspects and which can be claimed in a later-filed nonprovisional application.

Advantages of Provisional Patent Application:

  1. Easy preparation and filing
  2. Low Filing Cost,
  3. Protection of invention from getting copied
  4. Ability to use the term “patent pending”, which can only be legally used when a patent application has been filed
  5. Enabling the inventor to conduct a feasibility analysis of the invention in terms of potential markets, distributors, licensees.

A complete application/Non-provisional Application needs to be filed within 12 months or else the application will be treated as abandoned.