Patent FAQs

What is provisional patent specification?

Where an invention is at the development stage but has not been completely materialised, an application for a patent may be filed accompanied by a provisional specification. This helps secure a patent filing date; therefore, any publication or application for a patent filed beyond this date would not prejudice the invention. A provisional specification should contain the description of the invention with drawings if required. It is not necessary to include claims in a provisional specification. However, the complete specification should be fairly based on the matter disclosed in the provisional specification. It should be filed within 12 months of filing the provisional specification. If the complete specification is not filed within this period, the application is deemed to have been abandoned.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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