Intellectual Properties
IP Infringement and Legal Remedies in India
Intellectual property is more than a legal concept. It is business asset that carries real value.
5 min read
File a Provisional Patent Application Online in India
A patent goes to whoever files first, not to whoever invents first. A provisional application locks in your priority date now, and gives you twelve months to finish the invention before the complete specification is due.
- Locks in a priority date, even at the concept stage
- Twelve months to refine the invention before the complete specification
- Nothing is published, and changing your mind inside the year costs nothing
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- Claims reviewed and refined by patent professionals
- Typically drafted and filed in 15 working days
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What is a provisional patent application?
What a provisional application does, what it does not do, and why inventors choose LegalWiz.in to file one.
A patent is an exclusive legal right that lets the patentee stop other people making or using the patented invention. A provisional application is the preliminary step towards one: a brief synopsis disclosing the essence and the nature of the invention, filed before the complete specification is ready.
It explains the invention in brief rather than completely, and that is the point. It locks the priority date and secures the invention, so that nobody else can claim authority over it while you finish the work.
The twelve months that follow are the other half of the product. Use them to refine the utility, the novelty and the inventive step, and to judge whether the invention is worth the cost of a complete patent. If you decide it is not, nothing is charged, nothing is published, and the invention never enters the public domain.
- Priority date
- Locked on filing
- A patent goes to whoever files first
- Valid for
- 12 months
- From the date of filing
- If the year ends
- Application lapses
- Unless the complete specification is filed
- Our filing time
- 15 working days
- Subject to government processing
- Patent term
- 20 years
- From the date of application
- Draft length
- 30 pages
- Beyond that, additional fees apply
- Territory
- India only
- No patent is global
- Government fees
- Payable separately
- Charged at actuals when the application is filed
Why inventors choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A dedicated relationship manager with on-call support
- The draft you provide is vetted before anything is filed
- Claims reviewed and refined by patent professionals
- Thousands of happy customers across every state in India
- Backed by secure technology
- Exclusive partner offers on web hosting, payment gateways and more
What the filing covers
Everything below is handled by your relationship manager and a patent professional. You describe the invention once, and approve the draft before it is filed.
- Consultation on the provisional application and on what it should disclose
- Vetting the draft description of the invention you provide
- Preparation of the provisional patent application
- Reviewing and refining the claims
- Filing online in Form-2 with the related documents
Government fees are charged at actuals and are paid when the application is submitted. Additional fees apply where the provisional draft runs beyond 30 pages.
An invention is not patentable if
It is a theory or a method
A scientific theory or a mathematical method cannot be patented.
It is a creative work
An aesthetic creation, or a literary, dramatic or artistic work, or a computer programme. Copyright is the right that covers those.
It has no utility
A scheme or method for performing a mental act, with no practical use, is not patentable.
Benefits of filing a provisional patent application
It establishes priority rights
Filing a provisional application secures a priority date for the patent, which stops anyone else filing a similar one ahead of you while your invention is still being finished.
It buys time to make changes
You get twelve months to work on the invention and improve its utility, novelty and inventive step until it meets the standard, before the final draft, the complete specification, is due.
It lets you gauge the invention’s worth
A provisional filing is the simpler and cheaper step towards protection. Those twelve months are time to judge whether the invention has the potential to be patented. Changing your mind inside them attracts no charge, and the application is never published.
A patent is an asset with monetary returns
Managed well, a patent can produce far greater returns than any other intellectual property. The owner can license, assign or sell it, which is how pharmaceutical companies have long made money from patented products.
Which intellectual property right do you need?
A provisional patent is a first step, not a destination. Here is how it sits against the right it leads to, and against the two that protect different things entirely.
| Attribute | Provisional Patent | Trademark | Permanent Patent | Copyright |
|---|---|---|---|---|
| What it covers | ||||
| InventionsA new invention idea, with a prototype | Brand name and logoA logo, a design, packaging material, or the name of a business or company | InventionsA new invention idea, with a prototype | Artistic worksAll types of original artistic, dramatic or musical work | |
| Governing Act | The Patents Act, 1970 | Trade Marks Act, 1999 | The Patents Act, 1970 | The Copyright Act, 1957 |
| How you get it | ||||
| MandatoryThere is no unregistered equivalent | MandatoryRequired to claim an exclusive right over the mark | MandatoryThere is no unregistered equivalent | OptionalCopyright arises on creation, but registration is what lets you sue | |
| NoIt is the provisional application itself | NoDoes not require any provisional application | OptionalA complete specification can be filed directly, or within 12 months of a provisional application | NoDoes not require any provisional application | |
| What it gives you | ||||
| NoThere is no symbol for a patent | Yes™ once the application is filed, ® once registered | NoThere is no symbol for a patent | Yes© | |
| 12 monthsThe complete specification must be filed inside that year, or it lapses | 10 yearsRenewable every 10 years, with no limit on the number of renewals | 20 yearsFrom the date of application, including the year of the provisional filing | Lifetime, plus 60 yearsThe creator’s lifetime, and 60 years after their death | |
| Next step | Get started | Know more | Know more | Know more |
Swipe the table sideways, Provisional Patent stays in view. Open any attribute to read the detail behind all 4 answers.
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What we need to file a provisional patent
Four things, and the third is the one that matters most. Take advice before disclosing an invention to anyone.
Title
The title of the invention.
Applicant’s information
The name, address and nationality of each applicant for the patent.
Description of the invention
A detailed description of the invention, and of what the patentee wants to claim out of it.
Technical aspects
The technical details of the invention, with drawings.
File a patent application in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Upload the description and the technical details of the invention
- Share any drawings you have
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- Consultation on the provisional patent and what it should disclose
- The draft you provided is vetted and the application is prepared
- The claims are reviewed and refined
Step 03
Your priority date is secured
- The whole process takes 15 working days
- You then have 12 months to file the complete specification
Subject to government processing time.
How long a provisional filing takes
Fifteen working days from your brief to a filed application.
Days 1 to 2
2 of 15 working days
- Discussion and collection of the basic information
- You share the required documents
- You provide a draft describing the invention, its uses and its advantages
Days 3 to 13
11 of 15 working days
- The draft you provided is vetted
- The provisional patent application is prepared
- The claims are reviewed and refined
Days 14 to 15
2 of 15 working days
- The provisional patent is filed online in Form-2, with related documents
Subject to government processing time. The complete specification is due within 12 months of the filing date.
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Why should I apply for a provisional patent?
Because it registers your name against the invention before the invention is finished. A patent is awarded to the person who files first, not to the person who invented first.
A provisional application can be filed while the invention is still at a conceptual stage, which is exactly when the risk of somebody else filing is highest.
How long is a provisional patent valid?
One year from the date of filing.
If the complete specification is not filed within that year, the application is abandoned and the priority date is lost.
What is the difference between a provisional and a permanent patent?
A provisional patent is temporary. It is applied for when the invention is not finalised and is still in the experimental phase.
An application for a permanent patent is made when the invention is finished and ready to be patented, and it runs for 20 years.
Why should one patent an invention at all?
Patent filing is what gives you exclusive rights over the invention. Without protection under the law, anyone can exploit it commercially once it becomes public.
To stop others using, selling or copying it, the inventor has to obtain a patent.
What are the criteria for patentability?
An invention needs three qualities to be patentable:
- Novelty: the invention must be new
- Inventiveness, or non-obviousness: there must be an inventive step that makes it unique
- Industrial utility: it must not be a mere prototype; it has to work and it has to have a use
Can a published or disclosed invention be patented?
No. Once an invention is in the public domain it can no longer be patented.
Inventors should not disclose an invention before the patent application is filed. That is the single most common way a patentable invention stops being patentable.
What information does a patent attorney need?
The history of the invention, any prototypes, and every minor detail. That is what allows the inventive steps to be stated clearly and the claims to be drafted well.
The draft should also carry the most useful aspect of the invention, with technical drawings illustrating how it works, and should say whether it is a developed or improved version of an existing patent.
Is there a length limit on the provisional application?
There is no restriction as such.
Additional fees are stipulated where the provisional application draft runs beyond 30 pages.
Are government fees included in the package?
No. The professional fee covers the drafting and the filing work.
Government fees for filing the provisional application or the complete specification are paid by the client when the application is submitted.
How does a patent expire?
In one of four ways:
- It runs its full term of 20 years
- The patentee fails to pay the annual renewal fee
- Its validity is successfully challenged by an opponent filing an opposition
- It is revoked
Is a patent valid outside India?
No. A patent filed and registered in India is valid only in India, and no patent is global.
Protection elsewhere needs a separate application in each country, or a filing through the Patent Cooperation Treaty.
What is the term of a patent in India?
Twenty years from the date of application.
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