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The difference between provisional vs complete patent application
A patent journey in India usually begins with a choice: file a provisional application or jump straight to a complete application. Think of it like sketching the blueprint of your house before constructing the full building—the provisional is your placeholder, the complete is the finished structure. Here’s a clean breakdown for a blog post:
Provisional vs Complete Patent Application in India
What is a Provisional Patent Application?
A provisional application is a temporary filing that secures an early filing date but doesn’t grant you a patent on its own.
Key points:
Simpler document, doesn’t require detailed claims.
Protects your idea while you refine it or gather funds.
You must file the complete specification within 12 months, or the application lapses.
Commonly used by startups, solo inventors, and researchers still developing prototypes.
Example:
A startup has designed a prototype for a solar-powered water purifier. They’re still testing efficiency but don’t want competitors to scoop their idea. Filing a provisional gives them a priority date while they fine-tune the tech.
What is a Complete Patent Application?
A complete application is the full-fledged patent specification with all technical details, claims, and drawings.
Key points:
Contains detailed description + claims (the legal boundaries of your invention).
Once filed, it enters the formal examination process at the Indian Patent Office.
If granted, it gives you 20 years of protection from the filing date.
No option to add new matter later—everything must be fully disclosed at this stage.
Example:
Once the solar purifier is finalized with stable performance data, the startup files a complete specification that defines exactly how the invention works and what it covers.
When Should You File Which?
File Provisional if: your invention is still evolving, but you need a priority date for safety.
File Complete if: your invention is fully developed and you’re ready for examination and grant.
Takeaway
Think of a provisional as planting your flag, and the complete as building the fort. Both have their place, but missing the 12-month deadline after a provisional means losing your priority date—and possibly your invention rights.