Secure an early filing date for your invention while you build, test or raise funds. Legal Startup reviews your invention, drafts the provisional specification, files it online with the Indian Patent Office and keeps track of the 12-month deadline for the complete specification.
Free call & custom quote · Professional fee + government fee based on applicant category
A provisional patent application in India is an early filing, made with a provisional specification, that gives your invention a filing date at the Indian Patent Office. You then have 12 months to file the complete specification. It is not a patent and gives no enforceable rights by itself, but it can establish your place in the queue while you develop, test or fund the invention.
Last updated: October 2026. Fees, forms and time limits can change, so we confirm the current position before filing.
Under the Patents Act, 1970, an applicant who has not yet finalised the invention can file a provisional specification instead of a complete one. The provisional specification describes the invention and its working in enough detail to show what has been invented. It secures a filing date, and that date can become the priority date for the complete application, so long as the complete specification is based on what the provisional actually disclosed.
The application is not examined or published on its own. It stays pending for up to 12 months, which may be extended by 3 months in the circumstances the law allows. During this time you can refine the invention, build a prototype, test the market or seek investment, and you can describe the invention as the subject of a patent filing. If no complete specification is filed in time, the provisional application is treated as abandoned.
A provisional filing is only as useful as the description in it. Features that are not described in the provisional may not get its filing date later. A well-drafted provisional therefore covers the main embodiment, variants, drawings and the technical problem being solved. Before drafting, we recommend a prior-art check; see our Indian patent search service.
For official forms, fee schedules and filing, visit the Intellectual Property India website at ipindia.gov.in, the official portal of the Office of the Controller General of Patents, Designs & Trade Marks, Government of India. If you are also protecting a brand name or logo, see our trademark registration online service.
Important limits and timelines every inventor should know.
The right time to file depends on where your invention stands today.
The idea works on paper, but the design is still changing.
You are about to show the technology to investors or partners.
A paper, thesis or demo will make the invention public.
Testing, pilots or sales will start soon.
You may want protection outside India.
You already filed a provisional and the deadline is near.
Not sure whether to file a provisional or go straight to a complete specification? Describe your invention in general terms and our experts will advise you free of charge.
Why inventors and startups file a provisional first.
Establish a date for your invention while the design is still developing.
Use the period to build, test and improve before the complete filing.
No claims are required and examination is not requested at this stage.
Show partners and investors that a patent filing is in place.
The Indian filing date can support priority claims abroad within 12 months.
The provisional is not published unless a complete specification follows.
Share your invention and file from anywhere in India.
From invention discussion to a filed application, here is how a provisional filing works.
Drafting time depends on the invention and how quickly you share the information. Not to scale.
We understand the problem, the technical solution and your plans for disclosure, funding or launch. An NDA is signed on request.
We recommend a prior-art search so the specification can stress what is different, and we decide whether to file a provisional now.
We describe the invention, its working, variants and drawings in enough detail to support later claims, and share the draft for your review.
We prepare the application form, the specification form and the Power of Attorney if we file on your behalf, and confirm the applicant category for the fee.
The application is filed online with the prescribed fee, and you receive the filing receipt with the application number and date.
We note the due date for the complete specification and remind you well in advance, so the filing date is not lost.
The clearer the brief, the stronger the specification. Our expert will confirm what is needed for your case.
The total cost of a provisional filing depends on who is applying, how complex the invention is, and how much drafting is needed. It generally has three parts:
Paid to the Patent Office. It depends on the category of the applicant, such as an individual, startup, small entity or other entity, and on the mode of filing. The schedule can change, so we confirm the current fee before filing.
Our fee depends on the complexity of the invention, the number of drawings and the drafting effort. Call free for a custom quote before you pay anything.
The complete specification, extension of time, examination request and any foreign filing are separate steps and are quoted separately.
We share a clear, itemised quote before you begin – no hidden charges. Get your free quote →
Choose the situation that matches your invention, or call free for a custom quote.
You have an invention and want to secure an early filing date.
You have already filed a provisional and the 12-month period is running.
Several inventions, a startup portfolio or a foreign filing plan.
Our professional fee is quoted after a free call, based on the invention and the work involved. Government fee is separate and depends on the applicant category. Not sure which option fits? Ask for a free scoping call.
If your invention is not final yet but you cannot wait to protect the date, a provisional filing is worth considering.
Secure a filing date while you build and test the invention.
Show investors a filing is in place before you pitch or sign term sheets.
File before a paper, thesis or conference talk makes the work public.
Protect a new product or process before pilots, demos or launch.
Cover successive improvements as they are developed.
If a provisional is already filed, speak to us early about the complete specification.
A quick view of how a provisional filing differs from other routes. Ask us which one fits your invention.
| Route | Best for | What is filed | Claims | Next step |
|---|---|---|---|---|
| Provisional application | Invention still developing | Provisional specification | Optional | Complete specification within 12 months |
| Complete specification directly | Invention finalised | Full specification with claims | Required | Publication, then examination on request |
| Complete after provisional | Converting an existing filing | Complete specification | Required | Examination on request |
| NDA and secrecy only | Trade-secret style protection | No patent filing | Not applicable | No filing date secured |
A detailed specification and a tracked deadline prevent most problems.
Filing starts the clock. Here is how the 12 months are usually used.
Note the application number and filing date, and keep the specification safe.
Improve the invention and record changes, so the improvements can be added to the complete filing.
Choose countries for Paris Convention filings or a PCT application within the priority period.
Include the full description, drawings and claims, and plan the examination request after publication.
Before drafting, a prior-art check helps. See our Indian patent search service. For your brand, see trademark registration online, and for objections or opposition, our trademark hearing online service. For local support, see our pages for trademark registration in Dwarka and Jaipur.
Quick answers on provisional patent filing in India.
A provisional patent application is an early filing with the Indian Patent Office that describes your invention in a provisional specification and secures a filing date. It lets you say the invention is under patent filing while you develop it further, and you must follow it with a complete specification within 12 months.
Prepare a provisional specification that describes the invention, file it online with the application form (Form 1) and the specification form (Form 2) along with the prescribed fee, and keep the filing receipt. A Power of Attorney is added if an agent files on your behalf.
A provisional specification describes the invention and secures an early filing date, and claims are optional. A complete specification describes the invention fully, includes the claims that define the legal scope of protection, and is what the Patent Office publishes and examines.
You must file the complete specification within 12 months from the date of filing the provisional application. The Controller can extend this period by up to 3 months on a request made in time with the prescribed fee, but you should not plan around an extension.
The provisional application is treated as abandoned, no patent can be granted on it, and you lose the early filing date it secured. The invention may also become prior art against your own later filing once it is made public, so track the deadline carefully.
No. A provisional application does not grant a patent and cannot be enforced against anyone. It secures an early filing date, which matters when the complete specification is filed, and the complete application must still be examined and granted.
Claims are optional in a provisional specification, but the description must be detailed enough to support what you later claim. A provisional application on its own is not published or examined, and examination starts only after the complete specification is filed and examination is requested.
The government fee depends on the category of the applicant, such as an individual, startup, small entity or other entity, and on the mode of filing. Fee schedules can change, so we confirm the current fee before filing.
You can truthfully say that a patent application has been filed or that the invention is patent pending. You must not say or imply that a patent has been granted, because a provisional application does not result in a grant on its own.
It is strongly recommended. A prior-art search shows how close existing documents are to your invention, helps you decide what to emphasise in the specification, and can save the cost of pursuing an invention that is unlikely to be granted.
Yes. Under the Paris Convention you can claim the Indian filing date as priority for applications in other member countries filed within 12 months. A PCT international application can also be filed within that period. Time limits are strict, so plan the foreign filing early.
A clear description of the invention, the problem it solves, how it works, drawings or flowcharts, alternative embodiments, and the name, address and nationality of the applicant and inventors. We prepare the forms and keep your details confidential.
Planning to disclose, pitch or launch your invention? Speak to our IP expert today – the scoping call and the quote are free.
Tell us what you need and our team will get back to you with the right guidance.