Provisional Patent
In India, safeguarding intellectual property through patents occurs when an individual registers a patent under the Indian Patent Act of 1970, referred to as the ‘Act.’ The act of obtaining a patent serves as a deterrent against unauthorized use of the invention by other individuals or entities. Patents can be acquired for either a design or a process, and the Act outlines two distinct categories of patent specifications.
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Section 9 of the Act delineates patents into two categories:
- Provisional patent specification
- Complete patent specification
A provisional patent serves as an initial measure, securing protection before the possibility of filing a comprehensive patent. The acquisition of a complete patent necessitates a detailed disclosure of the design and its specifications. Even when engaged in research and development without a fully developed design or process eligible for a patent, individuals may seek a provisional patent to safeguard their work.
In comparison to a complete patent, a provisional patent has certain limitations, particularly concerning the duration of protection for the provisionally patented intellectual property. The primary rationale behind allowing provisional patents is to furnish security and interim protection to investors and inventors until they can pursue a complete patent.
It is important to note that opting for a provisional patent is an elective step. If the inventor or investor can submit a complete patent application, it is always advisable to do so to minimize potential setbacks.
What Details Does a Provisional Patent Include?
The provisional patent encompasses the following information:

How to Submit a Provisional Patent Application?
To initiate a provisional patent application, a series of forms and documents must be submitted. The necessary documents for filing a provisional patent comprise:
Form-1:
Form-2:
Form-3:
Form-5:
Form-26:
Form-28:
Advantages of a Provisional Patent
When considering the filing of a patent, various factors such as filing costs, the filing date, protection duration, and more must be considered. Consequently, opting for a provisional patent offers the following benefits:
Cost-effective:
Interim protection:
Patent filing date:
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Abandonment:
In India, safeguarding intellectual property involves registering patents under the 1970 Indian Patent Act, with Sadique and Ameen Associates offering crucial assistance. Provisional patents act as an initial safeguard, allowing inventors interim protection before filing a comprehensive patent. This approach is cost-effective, providing a 12-month protection period, establishing a vital filing date, and permitting ‘Patent Pending’ use. Despite its advantages, opting for a provisional patent is optional, and submitting a complete patent application is recommended to mitigate potential setbacks.