Lock your invention's priority date in 24 hours with a provisional patent
A provisional patent application is the fastest, most affordable way to protect a new idea in India. File today, claim Patent Pending status, and get a full 12 months to build, test, and raise funds before your complete specification is due all handled by SSATAX's in-house patent filing team.
Invention Disclosure, Drafting, Filing & Legal Assistance
The Basics
What exactly is a provisional patent application?
Under Section 9(1) of the Patents Act, 1970, an inventor who isn't yet ready with a fully worked-out invention can file a short "provisional specification" to record the idea and its earliest date of conception. This single filing does three things at once: it fixes your priority date, it lets you legally use the tag "Patent Pending" on your product or pitch deck, and it starts a strict 12-month clock to file the complete specification.
It isn't a shortcut and it isn't a granted patent it's a placeholder that buys serious inventors time. Because it skips formal claims, prior-art statements, and declarations, it's quicker to draft and considerably cheaper than a complete specification, which is exactly why it's the default first move for Indian startups, R&D teams, and solo inventors.
- Governing LawPatents Act, 1970 · Rule 13, Patents Rules 2003 (as amended 2024)
- Forms UsedForm 1 (application) + Form 2 (provisional specification)
- Claims NeededNot required claims are drafted only at the complete-specification stage
- Validity12 months from filing, non-extendable
- Eligible ForUtility inventions only design inventions cannot use this route
- Key BenefitEarliest possible filing date + right to say "Patent Pending"
Updated For 2026
New patent rules every applicant should know
The Patents (Amendment) Rules reshaped several timelines and fee structures that directly affect provisional filers. SSATAX drafts every application against the current framework, so nothing you file today falls out of date tomorrow.
Request for Examination cut to 31 months
The window to request examination has been shortened from 48 months to 31 months from your priority date meaning your post-provisional strategy needs to move faster than it used to.
Bigger discounts for individuals & startups
Natural persons, startups, small entities, and educational institutions continue to pay sharply reduced official fees across most forms compared to other applicants a gap SSATAX helps you claim correctly.
Divisional filings from a provisional now allowed
You can now voluntarily carve out one or more divisional applications directly from your provisional specification, not just from a complete specification.
Certificate of Inventorship
Individual inventors can now request formal, personal recognition on a granted patent separate from the corporate applicant by filing Form 8A.
Public display grace period needs a formal request
The 12-month grace period for inventions shown at exhibitions is still available, but must now be formally claimed on Form 31, with supporting evidence.
Lighter reporting for granted patents
Once granted, the statement of commercial working (Form 27) is now due once every three financial years instead of annually, easing the compliance load.
How It Differs
Provisional patent vs. every other IP filing in India
"Provisional patent" is only one of several ways to protect intellectual property. Here's exactly where it fits against the other filings SSATAX handles.
| Filing | Governing Law | Form(s) Used | What It Protects | Typical Timeline |
|---|---|---|---|---|
| Provisional Patent | Patents Act, 1970 Sec. 9(1) | Form 1 + Form 2 | Secures an early priority date for a utility invention | 12-month window Fastest |
| Complete Specification | Patents Act, 1970 Sec. 10 | Form 1 + Form 2 (complete) | Legal claims that define enforceable patent rights | Filed within 12 mo. of provisional |
| PCT International Filing | Patent Cooperation Treaty | PCT Request + Form 26 (India) | Reserves rights across 150+ member countries | Within 12 mo. of Indian priority |
| Design Registration | Designs Act, 2000 | Form 1 (Designs) | Visual shape, pattern, or ornamentation of an article | 6–12 months to registration |
| Trademark Registration | Trade Marks Act, 1999 | TM-A | Brand names, logos, taglines, and sound/shape marks | 8–18 months to registration |
| Copyright Registration | Copyright Act, 1957 | Form XIV | Original literary, artistic, software or musical work | 2–8 months to registration |
Step-by-Step
Your provisional patent, filed in five steps
A clear, sequential docket no ambiguity about what happens next or when.
Free invention disclosure call
You walk our patent team through the idea. We check patentability at a glance and flag prior-art risks early.
Day 0Drafting Form 1 & Form 2
Our patent agents draft the provisional specification title, technical description, and best known method of working.
Day 1–3E-filing with the Indian Patent Office
We file directly on the IP India portal and hand you the official acknowledgement with your application number.
Day 3–4"Patent Pending" status is yours
From this point you can legally mark your product, deck, or packaging as Patent Pending while you keep building.
ImmediateComplete specification before month 12
We check in well before your deadline to draft and file the complete specification with full legal claims or guide a PCT filing if you're going global.
By Month 12Formalities
Documents You'll Need to File
SSATAX prepares and drafts every document below on your behalyou only need to share your invention details and basic identity proof.
Form 1 – Application for Grant of Patent
Applicant, inventor, and correspondence details required for filing.
Form 2 – Provisional Specification
Title, technical field, invention description, and the best known method of working.
Proof of Right to Apply
Assignment deed, employment agreement, or founder declaration where applicable.
Entity-Type Proof
Startup, MSME, or Educational Institution certificate to claim reduced government filing fees.
Technical Drawings (Recommended)
Drawings, diagrams, or process flow illustrations for inventions with physical components or mechanisms.
Form 3 – Statement on Foreign Filings
Required only if the same invention has been filed or will be filed outside India.
Power of Attorney
Required when SSATAX's registered Patent Agent files the patent application on your behalf.
What We Actually Do Differently
Plenty of firms will simply file your patent application. We support you through every stagfrom filing and examination to renewals and post-grant compliance.
One Point of Contact, Start to Finish
The same patent professional who prepares your application continues to manage your deadlines, examination process, and compliancwithout unnecessary handovers.
Pricing Fixed Before You Sign
Government fees and professional charges are clearly separated and quoted upfront, so you never face unexpected drafting or filing costs.
Drafted for the Complete Specification
We prepare your provisional specification with your complete patent claims in mind, ensuring your invention is protected effectively from the beginning.
Startup & MSME Fee Benefits Claimed Correctly
Our team verifies your entity status and ensures you receive every eligible government fee concession available for startups, MSMEs, and educational institutions.
Deadline Tracking Beyond Filing
We proactively monitor Request for Examination (RFE), FER responses, annual renewals, Form 27 compliance, and every important milestone throughout your patent lifecycle.
Tax, ROC & IP Services Under One Roof
Beyond patent filing, we help align your intellectual property with startup recognition, ROC compliance, tax planning, and R&D incentives through one integrated team.
Frequently Asked