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AshuTrustIP & Corporate Law
Patent

Provisional Patent Application

A provisional application secures your filing date for a fraction of the cost and effort of a complete specification — and gives you twelve months to develop, test and raise money before committing further.

  • Priority date secured on the day of filing
  • 'Patent pending' status immediately
  • Twelve months to file the complete specification
  • Government fee from ₹1,600

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Government fee from
₹1,600
Our fee from
₹24,999
Typical timeline
Within 12 months
Overview

Why founders file provisional first

Why it matters

What provisional patent gives you

The practical advantages, not the marketing version.

Priority secured immediately

Your filing date is locked in on day one, ahead of anyone who files the same invention later.

Low cost to start

₹1,600 government fee for individuals, startups and MSMEs — a fraction of a complete filing.

Disclose without losing rights

Pitch to investors, demo at events and talk to manufacturers without destroying novelty.

Twelve months of runway

Time to test the market, refine the invention and decide whether full patenting is justified.

'Patent pending' from day one

A meaningful signal to investors, customers and competitors.

International options preserved

The twelve-month window is also your deadline for PCT or direct foreign filings claiming the same priority.

How it works

The process, step by step

Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.

  1. 11–2 days

    Invention disclosure

    A structured session with a technical expert to capture what the invention is, how it works, and what makes it different.

  2. 22–3 days

    Quick novelty check

    A focused prior-art scan to confirm nothing obviously anticipates the invention before you file.

  3. 35–10 days

    Provisional drafting

    The specification is drafted to describe the invention broadly enough to cover foreseeable embodiments, with drawings where useful.

  4. 4Same day

    Filing

    Form 1 and Form 2 filed with the Patent Office. Priority date secured and 'patent pending' status begins the same day.

  5. 5Within 12 months

    Complete specification

    Within twelve months, the complete specification with full claims is drafted and filed to preserve the priority date.

Documents

What you need to provide

Have these ready and the filing moves quickly. We tell you if anything is missing before we start.

Invention details

  • Written description of the invention and how it works
  • Sketches, diagrams or flowcharts, even rough ones
  • The technical problem being solved
  • How it differs from existing solutions
  • Any test results or prototype data available

Applicant and inventor

  • Names, addresses and nationality of all inventors
  • Applicant details — individual, startup or company
  • Form 1, Form 2 (provisional) and Form 3
  • Form 26 Power of Attorney
  • Form 28 with Udyam or DPIIT proof to claim reduced fees
Official fees

Official fees

These are statutory fees payable to the government, separate from our professional fee. We never mark them up.

Fee typeAmount
Provisional filing — individual, startup, MSME₹1,600
Provisional filing — company or other applicants₹8,000
Complete specification within 12 monthsNil
Excess pages beyond 30 — individual, startup, MSME₹160

The complete specification must be filed within twelve months of the provisional. There is no government fee for the conversion itself, but excess page and claim fees may apply.

Our pricing

Transparent professional fees

Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.

Most chosen

Provisional Filing

Priority date secured, professionally drafted.

₹24,999+ government fee
  • Invention disclosure session
  • Focused prior-art scan
  • Provisional specification drafted
  • Drawings prepared
  • Forms 1, 2, 3, 5 and 26 filed
  • Twelve-month deadline docketed
Get startedProvisional Filing plan for Provisional Patent

Provisional + Search

File with a full patentability picture in hand.

₹34,999+ government fee
  • Everything in Provisional Filing
  • Full patentability search
  • Written novelty and inventive-step opinion
  • Section 3 exclusion analysis
  • Claim-scope strategy for the complete specification
Get startedProvisional + Search plan for Provisional Patent

Provisional to Grant

The full journey, from provisional through to granted patent.

₹79,999+ government fee
  • Everything in Provisional + Search
  • Complete specification with full claims
  • Request for examination filed
  • FER reply drafted and filed
  • Controller hearing representation
  • Prosecution managed to grant
Discuss your inventionProvisional to Grant plan for Provisional Patent
FAQ

Questions we get asked

If your question is not here, send it over — we answer directly rather than routing you to a form.

How long is a provisional patent valid?
Twelve months from the filing date. The complete specification must be filed within that window or the provisional lapses and the priority date is lost. There is no extension.
Does a provisional application give me patent rights?
Not enforceable rights. It secures a priority date and lets you use 'patent pending'. Enforceable rights only arise when the patent is granted following the complete specification and examination.
Can I change the invention between provisional and complete?
You can add matter, but the added matter gets the later filing date rather than the provisional's priority date. Anything genuinely new is exposed to intervening prior art. This is why the provisional should describe the invention as broadly as the disclosure honestly supports.
Can I file a provisional myself?
Legally yes. In practice, the value of a provisional lies entirely in how well it describes and supports the invention. A thin or vague provisional gives you a date but very little protectable scope — and the deficiency usually only surfaces years later during examination or litigation, when it cannot be fixed.
Can I file more than one provisional for the same product?
Yes. Filing successive provisionals as the invention develops is common. They can later be consolidated into a single complete specification, though each element only gets the priority date of the provisional that first described it.

Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.

Ready to start your provisional patent?

Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.