Provisional and Complete Specification in Patent: Must-Know Points


Provisional and Complete specification in patent have unique and important roles to play. At the time of filing patent application you can go for a provisional (incomplete) and non-provisional (complete) specification application. The IPO accepts both process and product patent applications. But you can’t file a plant patent application in India. Patent specification is a techno-legal document providing complete description of the invention. The quality of specifications define the reliability of your invention at the time Indian Patent filing and multi-countries filing.

The Defining Features of Provisional and Complete Specification in Patent

There are reasons to why there are two types of filing provisions for patent applications i.e. the provisional/incomplete and non-provisional/complete specifications. Here, you will find some important features of provisional and complete specification in patent applications beneficial for the applicant. Starting with Provisional Patent Application:

Provisional Patent Specification:

  • A provisional specification is not subject to examination by the patent office examiner. But they do review it, to see if it meets the minimum filing requirements.
  • It fixes a priority date for the complete patent application and also for other applications related to the invention.
  • It is comparatively economical as compared to a non-provisional specification application.
  • A patent applicant can avoid the cost of a complete application for a period of 1 year. In this period the inventor can make relevant upgrades to the invention.
  • There is no publication of a provisional application; hence, it maintains the confidentiality of your invention.
  • Only describes the invention.
  • You can’t extend or renew it in case of national filings but you can re-file it if you require making any changes. You can extend it for 18 months in one case by filing a PCT application.
  • Provides a pending status to the invention.
  • Gives you time to know the real commerciality of your invention.
  • It is not compulsory to file provisional specification.

Related Article: Patent Cost in India: Know About all the Costs Involved

Non-Provisional Patent Specifications:

  • It is the final patent application which comprises all the details of the invention. Moreover, it is the compulsory application for patent grant, unlike the provisional one.
  • In complete specifications, along with the description of the invention, you also write the manner of performing the invention.
  • There is at least 1 claim in the specifications.
  • You can’t make further changes to the application once submitting the complete specifications to the patent office.
  • The patent office examiner examines this application and only the complete specification application gets published in the journals.
  • It is compulsory to submit the complete application within a period of 12 months of filing a provisional application. This is the only way of saving your application from abandonment.

Provisional and Complete Specification in Patent – Complete Content

There are some common and specific parts to provisional and complete specification in the patent. All these features define what exactly makes a provisional and complete specification.

 The parts of Indian Patent Specifications include:

  • Title in 10-15 simple words. It sufficiently indicates the subject-matter of the invention.
  • The preamble to the description of the invention: there are different preambles for both the types of specifications
  • Field of invention: it begins with a statement about the invention. It defines the scope and briefly explains the technology is to which the invention applies.
  • Reference or background search conducted for related applications.
  • Objective explains what the invention tends to achieve. It brings about the reasons for its existence and value.
  • Statement of invention describing the novel feature(s) of the invention;
  • Brief description and multiple views of the patent illustrations;
  • Description of the invention explains the composition of your invention, an in-depth view of how and what makes it work;
  • Claim(s) define the novelty of the invention which the inventor holds. It is the claim(s) on which you get the patent grant. 
  • Abstract provides a summary of the invention in brief. The abstract bears all the important components of the invention is a simple language as possible.

Note: Of these abstract and claims are not compulsory for provisional patent application. Also, in the provisional application, there is a description of the invention. Whereas, in complete specifications, we also add the manner in which we perform that invention.

Why Choose Your Patent Team?

At, Your Patent Team, you will find an arena of services which includes preparation of provisional and complete specification in the patent. With a team of 225+ experts with technical expertise have deep knowledge of Indian and Global patent laws. Aiding more than 45 countries, and supporting 1000+ clients, YPT ensures that you just don’t get a certificate of patent grant. We do ensure 100% enforceability of your patent. Our services are at par with the patent offices; hence we do provide accurate information.

We are also known for our Patentability Search, PCT Filing, Multi-Country Filing, IP Commercialization and IP Strategy services.

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