IP India guide
Provisional vs complete specification in India
By Mahish Guru, Co-founder and CEO, PatentAssist.ai
Updated
Every Indian patent application starts with either a provisional or a complete specification (section 7(4)). A provisional fixes your filing date early. A complete is the document that is examined and becomes the patent. This guide sets out what each must contain, the deadline that links them, and what they cost. For a US filing, see how to file a provisional patent application in the US.
Quick answer
- Provisional: describes the invention and secures a filing date. No claims, no abstract, never examined.
- Complete: full description, best method, claims and abstract. This is what gets examined and granted.
- Deadline: the complete must follow within 12 months of the provisional, or the application is deemed abandoned (section 9(1)).
- Cost: the provisional pays the normal Form 1 fee; the complete after it has no base fee.
Provisional vs complete: the differences
Both are filed on Form 2 (rule 13(1)) with the application on Form 1.
| Provisional | Complete | |
|---|---|---|
| Purpose s.9(1) | Secures a filing date while the invention is developed | The full disclosure that is examined and granted |
| Description s.10(1), s.10(4)(a) | Describe the invention, starting with a title | Describe it fully and how to perform it |
| Best method s.10(4)(b) | Not required | Required |
| Claims s.10(4)(c) | Not required | Required |
| Abstract s.10(4)(d) | Not required | Required |
| Inventorship declaration Form 5, rule 13(6) | Not needed yet | With the complete |
| Examination s.11B, s.12 | Never examined | Examined after Form 18 |
| Official fee Table I, entries 1 and 2 | Form 1 fee: ₹1,600 / ₹8,000 | No fee on Form 2 after a provisional, up to 30 pages and 10 claims |
| Lifespan s.9(1), s.53 | 12 months, then abandoned unless a complete is filed | Patent term of 20 years from the filing date |
What a provisional specification must contain
The Act asks little of a provisional: it must begin with a title that indicates the subject matter and describe the invention (section 10(1)), with drawings where they are needed (section 10(2), rule 13(4)). The value of a provisional lies in what it discloses, because a claim in the later complete specification gets the provisional's date only if it is fairly based on matter disclosed in the provisional (section 11(2)). A claim that is not gets the date of the complete (section 11(6)).
So describe every feature you may want to claim, the variations you can foresee, and how the invention works. The complete specification can add developments of the invention made after the provisional (section 10(7)), but those claims carry the later date.
The 12-month deadline and its options
- Section 9(1): the complete specification must be filed within 12 months of the filing date, or the application is deemed abandoned.
- Section 9(2), cognate applications: where the same applicant has filed two or more provisionals for inventions that are cognate, or where one is a modification of another, the Controller may allow a single complete specification for all of them. The 12 months run from the earliest provisional.
- Section 9(3): a specification filed as complete can be treated as a provisional if the applicant asks within 12 months of filing.
- Section 9(4): before grant, the applicant can ask to cancel the provisional and post-date the application to the date of the complete.
Publication is counted from the earliest date too: 18 months from the filing or priority date (section 11A, rule 24). An application abandoned under section 9(1) is not published (section 11A(3)(b)).
Cost of a provisional and a complete
The provisional is filed with Form 1 and pays the normal filing fee: ₹1,600 for a natural person, startup, small entity or educational institution and ₹8,000 for others, online. The complete specification filed after it on Form 2 has no fee if it stays within 30 pages and 10 claims; extra pages and claims are charged at the usual rates (Table I, entry 2). So a provisional followed by a complete costs the same in official fees as filing the complete directly. See patent fees in India for the full schedule.
When to file a provisional
- You need a filing date before a disclosure, such as a paper, a pitch or a product launch.
- The invention works but is still changing, and you expect to add variants within the year.
- You want up to 12 months to decide whether the invention is worth the cost of a full application and examination.
If the invention is settled, a complete specification at the start avoids a second filing and starts the route to examination at once. The how to file a patent in India guide shows where this decision fits in the process.
Turn the provisional into a complete
PatentAssist.ai drafts claims, the complete specification and the abstract in IP India format from your provisional or invention disclosure.
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Provisional and complete specifications: frequently asked questions
What is the difference between a provisional and a complete specification?
A provisional specification describes the invention and secures a filing date. It needs no claims or abstract and is never examined. A complete specification must fully describe the invention and how to perform it, disclose the best method, end with claims and include an abstract (section 10(4)). Only a complete specification can lead to a patent.
What is the deadline to file the complete specification after a provisional?
12 months from the filing date of the provisional application. If the complete is not filed in that time, the application is deemed abandoned under section 9(1).
Does a provisional patent application give protection in India?
It gives a filing date, which becomes the priority date for claims in the complete specification that are fairly based on the provisional (section 11(2)). There is no patent and no right to sue until a patent is granted on the complete specification.
How much does a provisional application cost in India?
The same as any application: ₹1,600 on Form 1 for a natural person, startup, small entity or educational institution, and ₹8,000 for others. The complete specification that follows on Form 2 has no fee if it stays within 30 pages and 10 claims.
Can I combine several provisional applications into one complete specification?
Yes, if they are in the name of the same applicant and the inventions are cognate or one is a modification of another, the Controller may allow one complete specification for all of them under section 9(2). The 12 months then run from the earliest provisional.
Does the 20-year term start from the provisional or the complete?
From the filing date of the application, which is the date the provisional was filed (section 53(1) and section 45). The applicant can ask, before grant, to cancel the provisional and post-date the application to the date of the complete under section 9(4), but that also moves the filing date.
Sources: Patents Act, 1970, sections 7, 9, 10, 11, 11A and 53; Patents Rules, 2003, rules 13 and 24; Patents (Amendment) Rules, 2024, Table I. This guide is general information, not legal advice. Confirm deadlines for your application with a registered patent agent.