Provisional Application for Patent and their Legal Impact

  • Madhusneha Barman and Tanya Sharma
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  • Madhusneha Barman

    Student at Manipal University, Jaipur, India

  • Tanya Sharma

    Student at Manipal University, Jaipur, India

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Provisional applications for patents play a crucial role in the intellectual property landscape, offering inventors a streamlined pathway to secure priority and protection while refining their inventions. This paper explores the legal framework and practical implications of provisional patent applications, focusing on their purpose, requirements, and strategic advantages. By providing a temporary placeholder for inventions, provisional applications establish an early filing date, enabling inventors to further develop their ideas without forfeiting potential patent rights. This study examines the criteria for filing provisional applications, their impact on subsequent non-provisional filings, and the legal protections afforded during the provisional period. Moreover, it delves into the nuances of disclosure requirements and the strategic considerations for maximizing the benefits of provisional applications in safeguarding intellectual property. Through case studies and comparative analysis, this paper elucidates how provisional applications shape innovation strategies, mitigate risks, and enhance the overall patenting process within the framework of intellectual property law.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 1366 - 1388


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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