Provisional Patent Application

Introduction

In this innovation driven world today, it is essential to secure your original ideas and inventions. This is because the Provisional Patent Application (PPA) is the initial legal form of obtaining patent rights in India and the rest of the world.

A Provisional Patent Application is a process that enables the inventors, start ups and organisations to secure a very early filing date with the Patent Office despite the invention not having been completed yet. It serves as a kind of place holder as the inventor has 12 months to perfect the invention and submit a full specification (final patent).

It is popular among startups, research institutes, and individual inventors to establish a priori protection over their concepts so that they can continue R&D or move to the funding phase.

What is a Provisional Patent Application?

A Provisional Patent Application is an initial application filed with the Indian Patent Office (IPO) or the USPTO (in the U.S.) to reserve a priority date for your invention before filing a complete specification.

• Functionality and concept of the invention,

• The novel elements, and

• The technical issue it is being solved.

It however, does not need detailed claims or a full-fledged working model, thus it is faster and cheaper.

After the application has been filed, the applicant is required to submit the Complete Patent Application within 12 months in order to have the benefit of the provisional filing date.

Benefits of Filing a Provisional Patent Application

When Should You File a Provisional Patent Application?

Filing a provisional patent is ideal when:

• You’ve created a new idea, product, or process, but it’s not fully developed.

• You need time for prototype development or testing.

• You want to attract investors while protecting your innovation.

• You’re working on R&D and expect further technical improvements.

In short: File a provisional patent when your invention is functional enough to describe but not ready for a full patent application.

Key Features of a Provisional Patent Application

Documents Required for Filing a Provisional Patent Application

• Application Form (Form 1)

1. Applicant details (inventor, assignee, address, nationality)

• Provisional Specification (Form 2)

1. Title of the invention

2. Brief description of the invention

3. Drawings (if applicable)

• Declaration of Inventorship (Form 5)

1. Declaration that the applicant is the true inventor

• Proof of Right to Apply

1. If the applicant is not the original inventor (e.g., company ownership)

• Power of Attorney (Form 26)

1. If filed through a patent agent

Step-by-Step Process for Filing a Provisional Patent Application

• Step 1: Invention Disclosure

1. Document your idea clearly describe what it does, how it works, and what problem it solves. Include drawings, diagrams, and test results.

• Step 2: Patent Search

1. Conduct a novelty search to ensure that your invention is unique and not already patented.

• Step 3: Drafting the Provisional Specification

Prepare the provisional specification with:

1. Title of the invention

2. Abstract

3. Background & Objective

4. Summary of the invention

5. Advantages

6. Diagrams (if any)

• Step 4: Filing with the Patent Office

1. File online through the Indian Patent Office (ipindia.gov.in) or physically at any of the four patent offices (Delhi, Mumbai, Chennai, Kolkata).

• Step 5: Obtain Acknowledgement

1. After submission, you’ll receive an application number and filing date, confirming your priority.

• Step 6: File Complete Specification

1. Within 12 months, you must file a Complete Patent Application (Form 2) claiming the benefit of the provisional filing.

Validity and Conversion Timeline

Cost of Filing a Provisional Patent Application (2025)

Total cost (including drafting & filing) generally ranges from ₹8,000 to ₹25,000 depending on complexity.

Difference Between Provisional and Complete Patent Application

Common Mistakes to Avoid

• Not filing a complete specification within 12 months.

• Submitting incomplete or vague descriptions of the invention.

• Ignoring patentability searches before filing.

• Publicly disclosing the invention before filing can lose novelty.

Why Choose Instabizfilings for Provisional Patent Application?

• Expert patent professionals & agents

• End-to-end drafting and filing support

• 100% confidentiality assured

• Quick online filing process

• Affordable pricing for startups and individuals

• Guidance on converting to a complete patent application
  
  

Instabizfilings simplifies the provisional patent filing process so you can focus on developing your invention while we handle the legal side.

Conclusion

A Provisional Patent Application is a smart, strategic, and cost-effective way to protect your innovation early. It provides inventors a 12-month window to refine and test their idea while maintaining a legal claim to their invention.

Filing early ensures your priority rights over competitors and helps secure investor confidence. Partnering with professionals like Instabizfilings ensures your innovation is protected from the very first day.

Disclaimer

The information provided in this blog is purely for general informational purposes only. While every effort has been made to ensure the accuracy, reliability and completeness of the content presented, we make no representations or warranties of any kind, express or implied, for the same. 

We expressly disclaim any and all liability for any loss, damage or injury arising from or in connection with the use of or reliance on this information. This includes, but is not limited to, any direct, indirect, incidental, consequential or punitive damage.

Further, we reserve the right to make changes to the content at any time without prior notice. For specific advice tailored to your situation, we request you to get in touch with us.