File Provisional Application – Get the Priority

What is provisional application?

  • a preliminary step,
  • provides you priority date and application number
  • describes the nature of invention
  • can be filed without any formal patent claims
  • a temporary application


  • provide 12 months to fully develop the invention and determine commercial viability without losing priority
  • helps in securing innovation in case of unintentional public disclosure
  • handy tool to secure innovation before urgent (un-avoidable) public disclosure
  • empowers the applicant to use the term “patent pending” on their product
  • less expensive to prepare and file the application
  • empowers the applicant to file International application and claim priority within 12 months.

Things to remember

  • provisional application does not secure the innovation it only facilitates getting priority date
  • complete specification and PCT application and/or convention application is required to be filed within 12 months from the date of filing provisional specification
  • provides you priority date and application number
  • provisional application should be sufficiently detailed and should be drafted precisely to ensure that the priority rights are secured for your invention
  • no drawbacks of filing a provisional application

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