Short answer: a provisional application secures an early filing (priority) date when your invention is not yet fully developed; you must follow it with a complete specification within 12 months, or the application is treated as abandoned. If the invention is ready, file the complete specification directly. The official filing fee is the same either way — ₹1,600 for individuals, startups, small entities and educational institutions, ₹8,000 for others.
What is a provisional application?
A provisional specification describes the invention well enough to show what it is, but it does not need claims. Filing it gives you a priority date — the date from which your invention is judged against what is already known. It is useful when you need to protect the idea before a pitch, a product demo, a publication or a fundraise.
What is a complete specification?
A complete specification fully describes the invention, explains the best method of performing it, and ends with claims that define exactly what is protected. Only a complete specification is examined and can become a patent.
Side-by-side comparison
| Provisional | Complete | |
|---|---|---|
| Purpose | Secure an early priority date | Seek grant of the patent |
| Claims needed | No | Yes |
| Examined | No | Yes, after a request for examination |
| Deadline | Complete must follow within 12 months | — |
| Official filing fee (small applicants / others) | ₹1,600 / ₹8,000 | ₹1,600 / ₹8,000 (no extra fee if it follows a provisional, within 30 pages and 10 claims) |
The 12-month rule
The complete specification must be filed within 12 months of the provisional. If you miss this deadline, the application is treated as abandoned and you lose that priority date. The complete specification can describe improvements made in the meantime, but anything not supported by the provisional only gets the later date of the complete filing.
When a provisional makes sense
- The invention works in principle but the details are still being refined.
- You need to disclose it soon — to investors, customers, at a conference or in a paper.
- You want a year to test the market before spending on full drafting and foreign filings.
When to file the complete specification directly
- The invention is fully developed and tested.
- You want examination to start as soon as possible — for example with expedited examination as a startup.
- You want to avoid the risk of missing the 12-month deadline.
What happens after filing
- Publication: the application is published 18 months from the priority date, or earlier if you request early publication (Form 9).
- Request for examination: must be filed within 31 months of the priority date (Form 18), or Form 18A for expedited examination if eligible.
- Examination report and replies: the examiner issues a First Examination Report; you respond, and a hearing may follow.
- Grant and renewals: renewal fees are due every year from the third year — see the Patent Cost Calculator.
Thinking of filing abroad?
The 12-month period from your first Indian filing is also the deadline to claim priority abroad, either country by country or through a PCT international application. Indian residents must not file abroad first without permission under Section 39 of the Patents Act — filing in India first and waiting six weeks, or obtaining a foreign filing licence, avoids this problem.
Frequently asked questions
Is a provisional patent application cheaper?
The official filing fee is the same as for a complete application. The saving is in time: you can file quickly and spend on full drafting later.
Can a provisional application become a patent on its own?
No. Only a complete specification, filed within 12 months, can be examined and granted.
Can I file more than one provisional and combine them?
Yes, where the inventions are closely related (cognate), several provisional applications can be followed by one complete specification within 12 months of the first.
What if I miss the 12-month deadline?
The application is treated as abandoned and you lose the early priority date. Any public disclosure since then may count against a new application.
Can you draft and file my patent application?
Yes — from prior-art search and drafting to filing and prosecution. We work on economical, reasonable professional fees and share a transparent quote before starting.