Provisional Patent Application in India: What It Is, Cost and How to File
What it gives you, what it doesn’t, what it costs and how the 12 months really work
Ankit Pandya4 min read
Table of contents10 sections
A provisional patent application is an early, quick filing that locks your filing date for an invention you haven’t finished yet. You have to file it at the Patent Office by filling out the Form 1 and Form 2, and then you get 12 months to file the complete specification.
A patent is issued to whoever files first, not whoever invented first, so a provisional gets you in the queue while you build, test or look for funding.
A provisional patent is not a patent, and it gives you no rights you can enforce. And it has a hard stop: if the complete specification does not follow within 12 months, the application is treated as abandoned, with no extension.
Why file a provisional patent application?
It fixes your priority date. Anyone who files for the same invention after you is behind you in line.
It buys you 12 months. Use them to test the invention, improve it, show it to investors or see if the market is real.
It costs less upfront. You don’t need claims, and the drafting effort is lighter than a complete filing.
It lets you judge before you spend. If the idea doesn’t work out, you let the application lapse. Nothing gets published.
It can support foreign filings. The same 12 months count for claiming priority abroad, though those filings need a complete specification.
What a provisional patent does not do
This is where people get let down.
It does not make you a patent holder. You can’t sue anyone on the strength of a provisional, and it is never examined. It also only protects what you actually wrote in it. If a feature shows up for the first time in your complete specification, that feature gets the later date, not the provisional’s.
So a thin, two-page provisional gives you a thin priority date. Treat it as the first real draft of your patent, not as a placeholder.
Provisional vs complete specification
Provisional | Complete | |
Form | Form 2 (with Form 1) | Form 2 (with Form 1, or within 12 months of a provisional) |
Claims | Not required | Required |
Examined? | No | Yes, after you request it |
Deadline | Complete specification within 12 months | Examination request (Form 18) within 31 months of the priority date |
Gives you | A filing date for what you disclosed | The route to a granted patent |
Provisional patent application India: cost
The government fee depends on who you are. For e-filing, up to 30 pages:
Applicant | Official fee |
Individual or startup | ₹1,600 |
Small entity | ₹4,000 |
Others | ₹8,000 |
Pages beyond 30 cost extra per sheet. Startups need DPIIT recognition and Form 28 to claim the lower fee, so if you are not yet recognised, our Startup India registration team can help.
On top of this comes the professional fee for drafting and filing. The complete specification and the examination request come later, with their own costs, so plan the whole journey before you start. Our post on IP registration fees in India gives a wider picture.
Is a provisional patent application worth it?
If your invention is still changing, or you need to show it to investors or manufacturers soon, a provisional is a sensible first step. It is also useful when you want a filing date before a launch or an exhibition.
If the invention is finished and well documented, it often makes more sense to file the complete specification directly. You skip a step, and you don’t carry the 12-month clock. Either way, the quality of what you write at the start decides how much the date is worth.
Forms and documents you need
Form 1: the application for grant of a patent
Form 2: the provisional specification, your description of the invention
Form 28: only if you claim startup or small entity fees
Form 26: only if an agent files on your behalf
Title, applicant details and inventor details
A full description of the invention, with drawings where they help
How to file a provisional patent in India
Check novelty first. A patent search shows whether someone got there before you. Also read what can and cannot be patented in India, because software as such and a mere discovery do not qualify.
Keep it quiet. Don’t disclose the invention before you file. A public disclosure can kill your chance. If you must share it, put a non-disclosure agreement in place.
Write it properly. Describe how it works, the variations, and what problem it solves. Add drawings.
File online. Submit Form 1 and Form 2 on the IP India e-filing portal and pay the fee.
Put the date in your diary. Twelve months from filing, the complete specification is due. Our permanent patent service takes it from there.
Mistakes that cost inventors their date
Talking about the invention publicly or on social media before filing
Filing a vague description that doesn’t cover the real invention
Adding new features in the complete specification and expecting the early date
Missing the 12-month deadline, since it cannot be extended
Thinking “patent pending” means you are protected
Want it done right?
Our provisional patent service covers drafting, vetting your invention description, reviewing the claims and filing in Form 2, typically in 15 working days, subject to government processing. Our fee starts at ₹13,600 plus government fees.
One client wrote that the team was “very supportive, responsive and completed everything on time.”
If you want to read more first, start with how to register a patent in India.
Frequently asked questions
Is a provisional patent a real patent?
No. It gives you a priority date, not patent rights. It is not examined or granted, and you cannot enforce it against anyone.
How long is a provisional patent application valid?
For 12 months from the date of filing. If you do not file the complete specification in that time, the application is treated as abandoned.
How much does a provisional patent application cost in India?
The official e-filing fee is ₹1,600 for individuals and startups, ₹4,000 for small entities and ₹8,000 for others, for up to 30 pages. Professional drafting fees are extra.
Can the 12-month deadline be extended?
No. The deadline for filing the complete specification after a provisional cannot be extended, so keep the date marked from the day you file.
Is a provisional patent application published?
Not on its own. It stays unpublished unless you follow it with a complete specification, and in that case the application is published after 18 months from the priority date.
Do I have to file a provisional application before a complete patent?
No. It is optional. You can file the complete specification directly if your invention is ready.
Written by
Content & Marketing Manager
Ankit Pandya is a marketing and content strategist with 8 years of experience across FMCG, D2C, and B2B. He writes about content strategy, digital marketing, AI-driven growth, and emerging industry trends, combining practical insights with real-world marketing experience.
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