Provisional Draft


The Indian Patents Act, 1970 allows an applicant(s) to file patent in two parts, namely, Provisional Patent and Complete Description Patent. Provisional drafts of patent do not contain the complete details of the invention hence the name Provisional draft. Provisional draft is mainly filed when an inventor is halfway in completing the invention and hence wants to secure it, files a provisional draft. Filing a provisional patent assist in protecting the invention in a broad manner and not the exact nature of the invention. A provisional draft is followed by a complete specification draft during the course of the patent prosecution.

Provisional Drafts helps in moving forward in the priority list. A provisional patent will not let another patent of similar nature to proceed, this further helps in eliminating the competition. As patents are on first filed first served basis, priority is given to the Provisional draft. Filing a Provisional draft is relatively economical in compare to the cost of a complete draft. The Applicant gets a period of 12 months to file the complete specification draft, this, in a way provides time for the applicant to decide on what grounds he wants to secure the claim on the invention. Filing a Provisional draft further allows the Applicant to use “PATENT PENDING” on its half-completed invention. Provisional patents cannot be published and hence it aids in keeping the invention a secret in the eyes of the other.