Provisional Patent Filing —
Lock Your Priority Date
Before Anyone Else Does
Your invention is at risk the moment you disclose it — to a co-founder, investor, or manufacturer. A provisional patent application filed today establishes your priority date and gives you 12 months to refine the invention, find funding, and file the complete specification. Filed within 2–3 days by TaxClue's registered patent agents.
Start Provisional Patent Filing
Priority date secured within ✅ 2–3 working days
3 Strategic Reasons to File a Provisional Application Today
A provisional filing is not a compromise — it is smart IP strategy used by the world's most innovative companies and individual inventors alike.
Lock Your Priority Date
India's patent system is first-to-file. The priority date — the date of your first patent filing — determines who has superior rights when two parties claim the same invention. Filing a provisional today means your priority date is today, regardless of when your complete specification is filed (within 12 months).
First-to-File — Patents Act Section 612 Months to Refine
Your invention doesn't need to be 100% complete to file a provisional. The provisional describes the invention in its current state. You then have 12 months to refine the technology, conduct trials, gather data, and incorporate improvements — all while your priority date is already secured from day one.
12-Month Development WindowDisclose Safely — "Patent Pending"
After filing, you can use "Patent Pending" on your product and in investor discussions. This signals that your invention is protected and deters copying. Provisional filings also allow you to safely disclose to investors, manufacturers, and partners who may previously have required an NDA before hearing the invention.
Safe Disclosure · Investor ConversationsWhat Happens After You File the Provisional?
A provisional application under Section 9(1) of the Patents Act, 1970 is filed on Form 2 (Provisional) with the Indian Patent Office. It establishes your priority date and starts a 12-month clock.
The provisional specification does not contain formal patent claims — it is a description of the invention as currently understood. What matters most is that it accurately describes the core inventive concept that will later be claimed in the complete specification.
Day 1 — Provisional Filed
Priority date established. Application number received from IPO. "Patent Pending" status begins. You can now safely disclose and seek investment.
Your priority date starts hereMonth 1–11 — Development & Refinement
Refine your invention, conduct trials, gather commercial proof, file for additional features. TaxClue conducts prior art search during this window to prepare the complete specification strategy.
Active development periodMonth 10–11 — Complete Specification Drafted
TaxClue begins drafting the complete specification — description, all claims, abstract, and drawings — with the benefit of the full 12 months of invention development data.
TaxClue begins complete specMonth 12 — Complete Specification Filed
Complete specification filed on Form 2 (Complete) before the 12-month deadline. Priority date from provisional application is carried forward to the complete application.
Deadline — cannot be extendedMonth 18 — Application Published
Application published in IPO Official Journal. Patent Pending becomes visible to public from this date. Examination request (Form 18) must be filed within 48 months of filing.
Public knowledge from publicationProvisional vs Complete — Key Differences
Understanding what the provisional does and does not do is essential for planning your patent strategy.
No Claims Required
A provisional specification does not need formal patent claims. It only needs to describe the invention with enough detail that the complete specification can relate back to it. TaxClue writes a strong technical description that maximises your claim scope when the complete spec is filed.
Priority Date — The Key Benefit
The provisional filing date becomes your priority date. When the complete specification is examined, the examiner treats your invention as having been disclosed on the provisional filing date — blocking any prior art published after that date from being used against you.
Cannot Be Extended Past 12 Months
The 12-month deadline to file the complete specification after a provisional is absolute under Section 9(4) of the Patents Act — it cannot be extended. If you miss it, the provisional lapses and the priority date is lost permanently. TaxClue tracks this deadline for every client.
Lower Cost to Enter
The provisional filing fee is the same as the complete filing fee (₹1,600 for individuals on e-filing). But by filing provisional first, you defer the patent agent's drafting cost for the complete specification by up to 11 months — useful for startups managing cash flow.
Paris Convention Priority
Your Indian provisional filing date can be used as priority for international filings under the Paris Convention — giving you 12 months from the provisional date to file in the US, Europe, China, and other countries claiming the same priority.
What TaxClue Includes in Your Provisional Specification
While no formal claims are required, the provisional must describe the invention well enough to support the claims that will be written later. TaxClue writes provisionals with the complete specification in mind.
Must Include — Core Content
TaxClue Also Includes — Strategic Content
Forms & Formalities
Not Required in Provisional
From Your Description to Filing — 4 Steps in 2–3 Days
Invention Disclosure
Share your invention description with TaxClue — under NDA if required. Our patent agent reviews technical details and identifies the core inventive concept.
Day 1 — same daySpecification Written
Provisional specification drafted — description, multiple embodiments, drawings coordination. Written to maximise future claim scope when complete spec is filed.
Day 1–2Inventor Approval
Draft shared with inventor for technical accuracy check. Minor revisions incorporated. Forms 1, 2, and 5 prepared and signed by inventor.
Day 2–3Filed on IPO Portal
Application filed on the Indian Patent Office e-filing portal. Application number and priority date receipt issued. 12-month countdown begins. "Patent Pending" status active.
Day 2–3📊 Provisional vs Complete — Quick Comparison
| Feature | 📝 Provisional | 📋 Complete Specification |
|---|---|---|
| Claims required? | No — description only | Yes — mandatory |
| Priority date? | Yes — from filing date | Yes — or inherited from provisional |
| Patent granted on this alone? | No | Yes — after examination |
| Time to file | 2–3 days | 3–5 weeks |
| Govt. fee (individual) | ₹1,600 | ₹1,600 + exam fees |
| Deadline after this | 12 months (hard) | 48 months for exam request |
| "Patent Pending" status | Yes | Yes |
| Paris Convention priority? | Yes | Yes |
❓ Frequently Asked Questions
This is a critical situation. Under Indian patent law, any public disclosure before the filing date can affect novelty — the Patents Act does not provide a grace period for public disclosures (unlike the US 1-year grace period). However, if the disclosure was at a recognised exhibition under Section 31, or if it qualifies for a specific exception, it may be possible to file. Contact TaxClue immediately — the priority date is from the filing date, not the disclosure date, so filing as fast as possible limits the window of prior art. If disclosure was to specific individuals under NDA, it generally does not constitute public disclosure.
You can add new or improved features in the complete specification — but those new features will only have priority from the date of the complete specification filing, not from the provisional filing date. The provisional priority date applies only to what was disclosed in the provisional specification. This is why TaxClue writes provisionals with multiple embodiments and functional language — capturing as many variants as possible at the provisional stage so that the maximum scope has the earliest priority date.
Under Section 9(4) of the Patents Act, if the complete specification is not filed within 12 months of the provisional filing date, the provisional application is deemed abandoned. The priority date is permanently lost. You can still file a fresh patent application — but your priority date is now the fresh filing date, not the original provisional date. Any public disclosures made in the 12-month period (including the publication of the provisional itself at 18 months, papers, products) may now be counted as prior art against you. TaxClue sends deadline reminders at 9, 10, and 11 months — and begins complete spec drafting at month 10.
The provisional must describe the invention in enough detail that the complete specification can "relate back" to it for priority. If the complete specification claims something that was not described in the provisional, that subject matter cannot claim the provisional priority date. The Indian Patent Office does not formally examine provisionals, but the quality of the provisional directly affects how broadly you can claim in the complete specification. TaxClue writes provisionals as if they were complete specifications minus the claims — giving maximum coverage for the priority date.
⚠️ Provisional Filing Mistakes to Avoid
These mistakes are common — and some of them permanently destroy priority rights:
- Filing a one-paragraph provisional — the less you describe now, the less scope your complete spec can claim with early priority
- Missing the 12-month complete specification deadline — this cannot be cured; the priority date is permanently lost
- Not naming all co-inventors — joint inventor rights disputes can invalidate a patent after grant
- Filing the provisional yourself (without a patent agent) with incomplete description — saving money here costs you broadly-drafted claims later
- Publicly disclosing the invention before filing the provisional without understanding India's no-grace-period rule
- Using the provisional filing date for Paris Convention foreign filings — 12 months from provisional, not from complete spec
Complete Patent Journey with TaxClue
Prior Art Search
Order before or during the 12-month window — scope claims around what exists.
Learn More →Patent Drafting & Filing
Full complete specification drafted by registered agents — all tech areas.
Learn More →Complete Specification Filing
Convert your provisional to complete specification before the 12-month deadline.
Learn More →Trademark Registration
Protect the brand name alongside your patent application — dual IP protection.
Learn More →Your Invention Is at Risk Until You File
Every day without a provisional filing is a day a competitor could establish prior claim. TaxClue files your provisional patent application in 2–3 working days — securing your priority date while you continue refining the invention, seeking investment, and building the business.
🔒 Confidential · NDA on Request · 4.9★ · ₹1,600 Govt. Fee (Individual) · 2–3 Day Filing · "Patent Pending" Immediately