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What is provisional specification in India?

A provisional specification is a patent document filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention.

The provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this. It is a document of record and it cannot be amended by adding new matter to it once it has been filed.

Provisional specification contains the following:

  1. Title
  2. Written description
  3. Drawings, if necessary and
  4. Claims (optional.)

A patent is never granted on the basis of a provisional specification. It has to be a followed by a complete specification within 12 months from the date of its filing for obtaining a patent for the said invention.

 Filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification.  It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance. If there arenÔÇÖt any significant changes the applicant can also file the same provisional specification as complete specification within 12 months.

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