How To Apply Or File For A Provisional Patent Online In India?

Apply Provisional patent Online
Date: 18 Jan 2023

How to Apply or File for a Provisional Patent Online in India?

A patent is a kind of IPR (Intellectual Property Right) which provides owners with the sole rights to restrict others from using, making, selling, providing sale or importing patented processes or product of the unique idea or invention without their consent. Such a beneficial concept offers an advantage to the holder of patents for marketing new products and maximizing their revenue.

In case you have worked hard physically, mentally and invested money in evolving an invention, innovation or idea, a patent can safeguard your investment. The grant certificate of a patent is recognition and reward by the government to permit the only monopoly for the idea or creation to the inventor for 20 years since the date it was filed.

The process of filing for a patent and prosecution is managed through the Indian Patent Office in India. The administration of the Indian Patent Office is done by the CGPDTM (Office of the Controller General of Patents, Designs & Trademarks). It deals with the prosecution and filing of patents. It has branches in Kolkata, New Delhi, Mumbai and Chennai.

Online filing of patents

Though there are both online and offline modes to file for a patent, online patent filing is much more convenient. Online registration of patents consists of easier documentation since there is no need to submit many hard copies of documents, thus saving lots of effort.

Additionally, the use of an online electronic mode of filing for patent application helps to maintain all records in a single place and permits you to check, in real-time, the application’s status. Additionally, the fee for offline filing of an application for a patent is much higher than that to apply for patent online.

Provisional patent

A provisional patent application a legal document that describes an invention and how it works. It is called "provisional" because it establishes an early effective filing date for a complete (or non-provisional) patent application, but does not mature into an issued/granted patent unless the inventor files the complete (or non-provisional) application within 12 months. As per experts, it is a great idea to file for provisional patents online to gain a priority or early date of filing.

The required date for patent filing can be gained swiftly by the use of provisional patents. It is a demanding process to file an online application for a provisional patent. With this, the applicant will gain protection from the patent in spite of any opposing party submitting an idea or innovation identical to yours.

Reasons for provisional patents

When you file for a provisional patent online, it can prove useful when there is a certainty of an invention, but it will need additional tweaking or improvements, which can be completed in 12 months.

In this situation, it is a great chance for filing a provisional patent in India. It is vital to complete the innovation within a year such that the original innovation claimed in the online application for provisional patents can be used prior to expiry and so that the complete or non-provisional patent can be submitted with improvements. Basically, this kind of patent application helps save time and money and protects the interests of the applicant. For help, you can consult patent legal services.

Notable aspects for online filing of provisional patents

Prior to filing an application for a provisional patent, ensure that you take care of all the needs. Applicants must take into account the following:

  • The limitations of the invention are defined in a legal, formal document called as a patent.
  • When the complete specifications of the patent are filed, there is no scope for new parts to be added in the complete specifications.
  • The patent will be abandoned totally if the complete or non-provisional patent is not submitted within 12 months. According to the rules, the complete or non-provisional patent has to be submitted within 12 months of filing of a provisional patent.
  • Even after applying for a provisional patent, total confidentiality will be maintained. But it is required that important disclosures be made during the stage of provisional application because any incomplete disclosure would impact the opportunity for the moving forward of the applicant to later stages in a negative manner.
  • To properly understand the innovation and its benefits, one must write down a set of core claims.

Documents for provisional patents

The following documents are required to file for a provisional patent:

  • Form 1- Patent grant application.
  • Form 2- Provisional specifications 
  • Form 5- Declaration of a claim for inventorship
  • Form 26- Power of Attorney
  • E-filing fees-Statutory fee for patent
  • Form 3-corresponding application of foreign patent
  • Drawings and illustrations of the invention

Components of specification of provisional patent 

There are two major components of the patent: Title and Description.


The application for a provisional patent must start with the title of the innovation. The title must capture fairly the invention’s features and must be to the point and short. It must be within 15 words. Words like the name of the inventor, the abbreviation, fancy words, words in other languages etc., should be avoided.


This section starts with the preamble and includes the object and field of innovation. It starts on a fresh page following the title. There is no need for ‘claims’ for the specification of a provisional patent.

  • Preamble

The preamble is written down at the very start of the description. This helps describe the innovation.

  • Field

In this section, the technical field to which the innovation relates must be mentioned. It must be to the point and crisp enough such that the classification of its technology and the nature of the invention may be identified easily. While doing this, you must ensure that the field description must not put limits on the scope of the invention.

For instance, the term ‘liquid supply machine” must be used instead of ‘coffee supply machine’ since the latter would not suffice for a machine that also supplies tea, soda and other liquids.

  • Object

The aim of this section is to point out the need for the invention. The benefits provided by the invention must be the primary objectives of the invention.

In sum, these are the top facts about applying for provisional patents in India.