The document discusses the key things to know about filing a provisional patent application. A provisional patent application establishes an early priority filing date, allows further development of the invention, and is cheaper than a non-provisional application but does not provide full patent protection. It is important to fully disclose the invention in the provisional application to preserve the early priority date.

1. I NEED TO FILE A
PROVISIONAL PATENT
APPLICATION. WHAT
ARE THE 7 MOST
IMPORTANT THINGS I
SHOULD KNOW?

2. What is a „Provisional Patent‟?
 The purpose of a patent is to convey to the
public what the patentee considers his own
invention.
 This is achieved by „specification‟.
 An application for a patent should always be
accompanied by a „provisional‟ or „compulsory‟
specification.
 The provisional specification should roughly
disclose about the nature of the invention
without going into details

3. What is the object for filing a
provisional patent application?
 To ascertain the „priority date‟ of the patent.
 Priority date is the earliest filing date after
which the prior art search for the patent
begins.
 The time period between filing a provisional
specification and a complete specification
allows the applicant to carry further research
and development concerning his invention.

4. Why is a provisional patent
recommended?
 A provisional patent freezes the filing date for
12 months. So, later when a non – provisional
application is filed, it will be entitled to the filing
date of the provisional application.

5. What are the benefits of a
provisional patent application?
 It costs much lesser than a non provisional
application.
 The minimum requirements of a provisional
patent application are less than a non
provisional one. For instance, a provisional
patent application does not require a „claim
set’ whereas a non provisional application
does require.
 It proves the possession of the invention with
the inventor (applicant) at the time of filing of
the application.

6. What protection does it give to the
applicant?
 It protects „claims‟ for further developments
against invalidity caused by publication or use
of things related to the subject of his invention.

7. Are there any limitations?
 It does not protect the inventor from the
dangers of a published description of his
original work as a basis for further
development.

8. Is there any precaution to be
taken?
 Although a provisional application does not
have the same requirement standards as a
non provisional one, care must be taken to
ensure that there is “full disclosure” of the
invention in the provisional application in the
same way that a full disclosure is to be made
in a non provisional application.