The two ways for filing a Patent application are:
This article is focused on describing the differences between a Provisional Patent and a Complete Patent.
A) Complete Patent Application:
A patent application that does not claim any priority in a convention country or without any reference to any other application filed earlier is under process in the Patent Office.
B) Provisional Patent Application:
Where the invention is still under experimentation stage, the inventor can file a provisional application. This type of application helps to get the priority date of the invention.
After filing a provisional application, the inventor must file the complete specification of the invention within 12 months of filing a provisional application. If the complete specification is not filed within the specified time limit, the application will become abandoned.
As per the Patent Act, 1970, the provisional patent application shall include the description of the invention, drawings if directed by the Controller.
In a Complete patent application, a complete description of the invention, its use/method/operations by which it is performed, the scope of such invention, and abstract providing technical information of such invention. It shall also include any developments made in the invention in addition to the details described in the provisional application.
Filing a provisional application is not mandatory. An inventor can file a provisional application when the invention is not yet complete. By filing a provisional application, the inventor can take advantage of the priority date for his invention, and can also estimate the market potential of his invention.