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Complete Specification Patent Filing India — Convert Provisional to Complete | TaxClue
If you filed a provisional patent application — your 12-month deadline to file the complete specification cannot be extended. TaxClue starts drafting at Month 10.
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⭐ 4.9/5 Google Rating ⏰ 12-Month Deadline — Cannot Be Extended 📋 Registered Patent Agents 🎯 Broadest Possible Claims Drafted

Complete Specification
Filing — The Application
That Gets Examined & Granted

The complete specification is the actual patent application — with formal claims, full technical description, abstract, and drawings. It is what gets examined by the Indian Patent Office and, if successful, what gets granted. TaxClue's registered patent agents draft complete specifications with strategically broad claims across all technology areas.

🔄 Converting Provisional to Complete
📋 Direct Complete Specification
🌐 PCT National Phase Entry
🏛️ Convention Application
📄 COMPLETE SPECIFICATION EXPERTS

File Complete Specification

Drafted & filed within ✅ 3–5 weeks

🔒 Confidential · NDA on Request · 12-Month Deadline Tracked

Request Received!

Expert calls within 30 minutes.
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⭐ 4.9/5 Google Rating
📄 Complete Specification Experts
🎯 Broadest Claims Drafted
⏰ 12-Month Deadline Tracked
🌐 India · PCT National Phase · Convention
Two Filing Routes

Converting Provisional vs Direct Complete Specification

There are two main routes to filing a complete specification. The right one depends on whether you previously filed a provisional application — and when.

🔄

Converting Provisional to Complete Specification

The most common route — provisional was filed, 12-month deadline approaching

Filed under Section 9(2) of the Patents Act, 1970 — complete filed after provisional
Complete specification must be filed within 12 months of the provisional filing date — no extension
Priority date is the provisional filing date — carried forward to the complete application
Complete specification must relate to and be based on the subject matter disclosed in the provisional
New subject matter added in the complete only gets priority from the complete's filing date
All formal claims drafted in the complete — not in the provisional
TaxClue begins drafting at Month 10 — never risks the Month 12 deadline
Drafting informed by 12 months of invention development, trials, and commercial data
₹1,600 + exam fees (individual)⏱ File before Month 12
📋

Direct Complete Specification — No Prior Provisional

Filing complete specification directly — without a provisional application first

Invention fully developed — no need for 12-month provisional window
Filed on Form 1 + Form 2 (Complete) in one step — priority date is the complete filing date
Common for inventions where the complete technology is already finalised
Also used by companies filing convention applications from a foreign priority date
PCT National Phase Entry into India is also a form of direct complete specification filing
Examination request (Form 18) must be filed within 48 months of the complete filing date
TaxClue conducts prior art search simultaneously with drafting — 3–5 week total timeline
Claims strategy developed with full knowledge of existing art — maximising scope from day one
₹1,600 + exam fees (individual)⏱ 3–5 weeks to file

The 12-Month Deadline Is Absolute

Under Section 9(4) of the Patents Act, 1970, if the complete specification is not filed within 12 months of the provisional application date, the provisional is deemed abandoned and the priority date is permanently lost. There is no provision for extension. No court has the power to restore it. The only remedy is to file a fresh application — but your priority date is now the new filing date, and any disclosures made in the interim (your product, papers, public demos) may count as prior art against you.

Cannot be extended — ever
No court can restore a lapsed provisional
TaxClue starts drafting at Month 10
Deadline reminders at Months 9, 10, 11
Fresh filing possible — but priority date is lost
Complete Specification

9 Components of a Complete Patent Specification

Unlike a provisional, the complete specification must include all of these components — each one drafted with strategic precision by TaxClue's registered patent agents.

📌

Title of Invention

Concise — typically 5–15 words
Must reflect the broadest claim of the invention
Cannot be a brand name or generic descriptor
🔬

Field of Invention

Technical domain in which the invention applies
Used for IPC / CPC classification by the examiner
Kept narrow enough to guide the search
📖

Background / Prior Art

Prior art limitations and technical problem defined
Establishes context for the inventive step
Cited prior art must be acknowledged accurately
💡

Summary of Invention

Objects of the invention — what it achieves
Brief statement of the claimed invention
Must align precisely with the independent claims
📐

Detailed Description

Full enablement — person skilled in the art can reproduce
Best mode disclosed — Section 10(4)(b)
All embodiments described — supports broad claims

Claims — The Monopoly Defined

Independent claims — broadest scope
Dependent claims — layered fallback protection
Product, method, and system claims where applicable
📝

Abstract

Maximum 150 words — technical summary only
Cannot be used for claim interpretation
Published in Official Journal at 18 months
🖼️

Drawings / Figures

Mandatory for mechanical, electrical, device inventions
All reference numerals must appear in description
IPO drawing standards — professionally prepared
🧬

Sequence Listing

Mandatory for biotech / pharma gene / protein inventions
WIPO ST.25 or ST.26 format required
Filed as separate electronic annex to the application
After Filing

The Examination Journey — Filing to Grant

Filing the complete specification starts the clock on examination. TaxClue handles every stage of prosecution — from publication to grant.

1

Filing & Date Received

Application number and filing date issued by IPO. Priority date confirmed. "Patent Pending" status active.

Day 1 of filing
2

Publication (18 Months)

Application published in Official Patent Journal. Invention becomes publicly visible. Publication triggers the right to claim damages from infringers from this date.

18 months from filing
3

Exam Request (Form 18)

Request for Examination filed within 48 months. This triggers the examiner to conduct a search and examination of the application.

Within 48 months
4

First Examination Report

IPO issues FER — prior art objections, Section 3 objections, formal objections. TaxClue drafts response within the 12-month reply window.

12–18 months after exam request
5

Grant & Sealing

After all objections resolved, patent granted and sealed. Certificate of Patent issued. 20-year monopoly commences from filing date. Annual renewal fees due.

3–6 years total (average)
Post-Filing Support

TaxClue Handles the Entire Prosecution — Filing to Grant

📩

First Examination Report (FER) Response

TaxClue drafts a comprehensive response to every FER objection — prior art arguments, claim amendments, Section 3 rebuttals, and formal corrections. Response filed within the 12-month window.

✏️

Claim Amendments During Examination

If prior art requires narrowing claims, TaxClue proposes targeted amendments that preserve the broadest defensible scope — using dependent claims as the amendment baseline to minimise scope loss.

🏛️

Hearing Before the Controller

If the examiner maintains objections after the written response, a hearing is scheduled with the Controller. TaxClue prepares technical and legal arguments and represents the applicant at the hearing.

🔄

Early Publication Request (Form 9)

By default, applications publish at 18 months. TaxClue files Form 9 for early publication where the applicant wants to start the examination clock earlier and achieve faster grant.

🌐

PCT National Phase Entry

If you filed an international PCT application, TaxClue handles national phase entry into India — filing the complete specification in the prescribed format within the 31-month PCT deadline.

🔔

Annual Renewal (Post-Grant)

After grant, annual renewal fees are due to keep the patent in force (Years 3–20). TaxClue tracks and pays renewal fees — a missed renewal causes the patent to lapse.

❓ Frequently Asked Questions

Can I amend my provisional description when filing the complete specification?
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You can expand and elaborate in the complete specification, but you cannot claim priority for anything not disclosed in the provisional. The complete specification can add detail, provide examples, include experimental data gathered after the provisional was filed, and describe improvements — but the core inventive concept for which you claim the provisional's priority date must have been adequately described in the provisional. TaxClue writes provisionals strategically to capture multiple embodiments precisely so that later claim expansion in the complete spec stays within the provisional's disclosure scope.

When should I file the Request for Examination (Form 18)?
+

The Request for Examination (Form 18) must be filed within 48 months of the priority/filing date. Filing it earlier gets you into the examination queue sooner and leads to an earlier grant. However, many applicants strategically delay the Form 18 to get the benefit of more time in "Patent Pending" status — during which time they can assess commercial viability before committing to examination costs. TaxClue advises on the optimal Form 18 timing based on your commercialisation timeline and competitive landscape.

What happens if the examiner rejects all my claims in the FER?
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A First Examination Report rejection is not final — it is the start of a dialogue. You have 12 months to respond with arguments and amendments. TaxClue's FER response strategy involves: (1) arguing why the cited prior art does not anticipate or render obvious the claimed invention, (2) amending claims to avoid prior art while preserving maximum scope, and (3) addressing any Section 3 objections with legal and technical arguments. If the response is not satisfactory to the examiner, a hearing with the Controller is scheduled — TaxClue represents you at the hearing as well.

Can a granted Indian patent be enforced against foreign companies?
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An Indian patent only gives you rights in India — it cannot be directly enforced in other countries. However, if a foreign company imports patented products into India, makes them in India, or uses the patented process in India, they infringe your Indian patent. For global protection, you need separate filings in each target country — either through the PCT system (which India is a member of) or through the Paris Convention. TaxClue advises on global filing strategy and coordinates with foreign patent attorneys in key jurisdictions.

What is the difference between the complete specification filing fee and the examination request fee?
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There are two separate fees: (1) the filing fee paid when the application is filed on Form 1+2 — ₹1,600 for individuals (e-filing); and (2) the examination request fee paid when Form 18 is filed — ₹4,000 for individuals. Additionally, there are excess claim fees (₹160 per claim above 10, for individuals) and excess page fees (₹160 per page above 30, for individuals). TaxClue calculates the exact fee based on your applicant category and specification length before filing, ensuring no surprises.

⚠️ Complete Specification Mistakes That Cost Patents

These errors either lose the priority date, narrow the claims needlessly, or risk rejection:

  • Missing the 12-month provisional deadline — the priority date is permanently and irrevocably lost
  • Claims that are narrower than what the provisional described — leaving scope unprotected when it could have been claimed with the provisional's priority date
  • Insufficient description — if the specification doesn't fully enable reproduction, claims can be revoked post-grant under Section 64
  • Failing to file the Request for Examination (Form 18) within 48 months — application deemed abandoned
  • Not responding to the FER within 12 months — application abandoned; no extension available
  • PCT National Phase Entry missed at 31 months — cannot enter India under the international application
  • Not paying annual renewal fees post-grant — patent lapses; cannot be restored easily
Related Patent Services

Full Patent Journey with TaxClue

🔥

Provisional Patent Filing

Lock your priority date in 2–3 days — before filing the complete spec.

Learn More →
🔍

Prior Art Search

Identify existing patents before drafting — scope claims around prior art.

Learn More →
📋

Patent Drafting & Filing

Full specification — description, claims, drawings — all tech areas.

Learn More →

Trademark Registration

Protect the brand alongside the patent — dual IP protection strategy.

Learn More →
Conversion · Direct · PCT National Phase · Convention — All Routes Covered

Complete Specification Filing — The Document That Becomes Your Patent

The complete specification is what gets examined, argued, and eventually granted as a 20-year monopoly. TaxClue's registered patent agents draft every section for maximum scope — and handle the full prosecution from filing to grant.

🔒 Confidential · NDA on Request · 4.9★ · 12-Month Deadline Tracked · FER Response Included · Registered Patent Agents

📄 12-month deadline approaching? We start drafting today.
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