Skip to content
Auriga accounting
Edit Content
auriga accounting

Provisional Patent Application

A patent is a legal right granting inventors exclusive control over their innovations — products, processes, or technologies — preventing others from making, using, or selling them without permission.

Complete Your Registration

 

Ready Your Provisional Patent Application with Auriga Accounting

REGISTER NOW..

Why Should I Use Auriga Accounting For Provisional Patent Application ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Provisional Patent Application.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Patent Registration

Complete your Registration

Ready Your Provisional Patent Application

Why Should I Use Auriga Accounting For Provisional Patent Application ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Provisional Patent Application.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Patent Registration

Complete your Registration

Ready Your Provisional Patent Application

Overview - Provisional Patent Application

A provisional patent is an initial step designed to secure temporary protection for an invention before filing a complete patent application. It’s particularly useful when the invention is still in the research and development phase and lacks finalized designs or specifications. This allows inventors to safeguard their work even if the invention isn’t fully developed yet.

However, a provisional patent has limitations compared to a complete patent — especially regarding the duration of protection. The primary purpose of a provisional patent is to offer interim security to inventors and investors, giving them time to finalize the invention and submit a full patent application.

What Information Does a Provisional Patent Include?

A provisional patent contains essential details about the invention to establish an early filing date. It typically includes:

  • Title of the Invention/Design/Process – A clear, concise name representing the innovation.
  • Provisional Specifications – Unlike a complete patent, this version does not require a claims section.
  • Detailed Description – The invention must be described thoroughly, ensuring the explanation isn’t vague or incomplete.
  • Field and Objective – A statement defining the technical field and the primary purpose of the invention.
 
 
AURIGA ACCOUNTING PRIVATE LIMITED what information

Eligibility Requirements for a Provisional Patent Application

To file a provisional patent application, the invention must meet key eligibility criteria:

  • Novelty: The invention must be entirely new and not publicly disclosed before the filing date. Any prior publication, sale, or public use can invalidate the patent’s novelty.
  • Utility: The invention must have practical applicability and usefulness. Abstract concepts, scientific theories, or purely aesthetic designs do not qualify.
  • Description: The application must describe the invention thoroughly enough that someone skilled in the field can replicate it. This includes details about the invention’s components, functionality, and assembly.
  • Inventiveness: The invention must involve a significant “inventive step” — meaning it cannot be an obvious improvement based on existing knowledge in the field.
AURIGA ACCOUNTING PRIVATE LIMITED requirements

Advantages of a Provisional Patent Application

When filing for a patent, factors like cost, filing date, and protection period are crucial. A provisional patent offers several benefits to inventors and businesses, including:

  • Cost-Effective: Filing a provisional patent is significantly more affordable than a complete patent. It’s designed to support inventors or investors who may not yet have the financial resources to pursue a full patent or hire a patent agent, giving them time to secure funding or finalize their invention.
  • Interim Protection: Once approved, a provisional patent grants 12 months of protection from the filing date. This allows inventors to refine their invention, conduct market research, or prepare for the complete patent filing without fear of losing their idea to competitors.
  • Early Filing Date: The filing date of a patent is critical — especially in cases where two similar applications are filed. A provisional patent secures an earlier priority date, which carries over to the complete patent application. This ensures the inventor gets priority over later filings for similar inventions.
  • “Patent Pending” Status: Inventors can legally use the “Patent Pending” label after filing a provisional patent. This can enhance the invention’s marketability, signal innovation to potential investors, and deter competitors.
  • Flexible Abandonment: If an inventor decides not to pursue a complete patent, they can abandon the provisional patent without the financial burden of the full patent process. This flexibility minimizes sunk costs if the invention is no longer viable.
AURIGA ACCOUNTING PRIVATE LIMITED advantage provisional

How to File a Provisional Patent Application

Filing a provisional patent requires submitting specific forms and documents. Here’s a breakdown of what’s needed:

  • Form-1: Application for a patent grant. This form includes inventor details, invention type, and must be signed and submitted within 6 months of the basic application filing.
  • Form-2: Contains the provisional specifications — clearly labeled “PROVISIONAL SPECIFICATION.” It should include the invention’s title, applicant’s name, and a description of the invention.
  • Form-3: This is only required if there’s a foreign patent application linked to the invention.
  • Form-5: A Declaration of Inventorship, confirming the inventor’s identity and contribution.
  • Form-26: Grants Power of Attorney to a patent agent (if filing through one). This must be submitted within 6 months of the application.
  • Form-28: Applicable only for small entities or startups to claim this status for fee reductions.
  • Drawings/Illustrations: If applicable, diagrams or design illustrations must be provided (not required for process patents).
  • E-Filing Fee: The necessary filing fee must be paid during submission.

Difference Between Provisional Patent and Complete Patent Application

Understanding the difference between a Provisional Patent Application and a Complete Patent Application is crucial for inventors and businesses. Below is a comparison table summarizing the key differences:

Feature

Provisional Patent Application

Complete Patent Application

Purpose

Establishes priority date and secures temporary protection (12 months).

Seeks a full patent grant with detailed descriptions and claims.

Examination

Not examined.

Examined by the Indian Patent Office (IPO).

Content

Simplified descriptions; drawings and claims are optional.

Requires a complete, detailed description, drawings, and clear claims.

Cost

Lower filing fees.

Higher filing fees due to greater complexity.

Deadlines

No deadline for filing a provisional application alone.

Must be filed within 12 months of the provisional application.

Duration of Protection

Provides 12 months of temporary protection.

Grants 20 years of exclusive rights from the filing date.

Confidentiality

Not published, remains confidential.

Published by the IPO, making invention details public.

Disclosure Level

Brief descriptions, allowing room for further development.

Requires detailed disclosure for patent examination and assessment.

Market Research

Useful for securing investors or testing market potential.

Limited use for market research due to public disclosure.

Legal Support

May not require legal assistance.

Legal assistance is recommended due to the complexity of the process.

Get more details

Our Happy Clients!

Excellent
Based on 12 reviews
MD SAHIL
MD SAHIL
2023-06-10
Auriga Accounting is right CA firm is crucial for the financial health of our business. Auriga Accounting is reputable firm with experienced professionals, strong technology infrastructure, good communication, and transparent pricing.
Prince Kushwaha
Prince Kushwaha
2023-06-10
Workplace must be peaceful and be active during work , the Auriga Accounting Private Limited provides relevant and necessary things so employees save their time and complete their task before time period effectively and efficiently
Prince Singh
Prince Singh
2023-06-10
Auriga accouting private limited and it's team provide best service at affordable price. I have done my previous year GSTR and ITR they did it before the time
Priyanka Kumari
Priyanka Kumari
2023-04-07
They are best coordination with me. Time to time inform me how to work and what work is my pending. Time to time updated me about my company profile work like ROC Filling last date, GST filling last date, ITR etc... I have no paid any penalty since I started working with Auriga..
Vishal Singh
Vishal Singh
2023-04-07
Best company for providing services, I recommended to all. They give me the best rate of price and finished work before the time.
Sameer khan
Sameer khan
2023-04-07
The auriga accounting private limited is a reliable and a customer support company the team has give Clear answer towards the customer by which the customer cannot get confused and get necessary detail to solve their queries and auriga provided me good service and delivered my work on time very well coordinate with me and talk very well I suggest if you have any work then call auriga they will definitely finish your work on time
Vivek Shakya
Vivek Shakya
2023-04-07
Great Services , within affordable rate and give full satisfaction on works. Easy to Cordinate, I have done My Previous year ITR , Startup Registration. I am very happy with their services and their first priority is their Customer.
find way
find way
2023-04-06
I'll give a five-star rating, I had doubts about how to start my work in the field of business and they guide me and instruct me on how to start a business. They have a great team.
623 Anjali
623 Anjali
2023-04-06
The Auriga has great services. Efficient communication and really easy way to get help and support.
Anjali Sharma
Anjali Sharma
2023-04-06
Auriga Accounting team represents the highest level of customer services I have experienced.The team gives accurate information and responses to queries very fast, which are customer is facing.

Trusted by 400,000 clients and counting, including …

×