What Is The Difference Between Permanent Patent And Provisional Patent?

Last Updated at: Sep 15, 2022
Facebook has recently got the India patent for an invention to support cell phone operations. It will allow Facebook to support a wide variety of mobile phones without compromising on service quality. This patent was issued from the IPO, Chennai.


Patent registration is important when you come up with a unique product on behalf of your organization or company. You must know about the provisional patent and permanent patent when your about to continue with patent registration. There are several benefits of provisional patent and permanent patent that you can avail,

Permanent patent

A Permanent patent is supplemented by a complete description which is a techno-legal document. The complete description should explain the invention in-depth and it should also disclose the best-known process of carrying it out and importantly end with one or more assertions which explain the scope of the invention.

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Provisional patent

A provisional patent application is an initial step, before the filing of a regular patent, for attaining a type of interim protection. If a permanent patent application claiming the invention disclosed in the provisional is never filed, the invention will ultimately become non-patentable.

Difference between the permanent patent and provisional patent-

Cheap Cost– One of the main reason for filing a provisional patent application is better over permanent patent because they are cheaper to organize for small entities such as persons, universities, and companies having 500 or fewer employees.

Also, there are no formal necessities for the filing as compared to the filing fees and necessities for a permanent patent registration.

Limited Budget- The provisional patent registration is better because they are a valuable tool for individuals who have a limited budget. Everyone does not have enough money to secure everything they invent, not even major tech companies.

So, one should take responsible moves forward to protect his or her rights once they reach the point where something can be patentable at a patent space.

75-25 rule- In most of the provisional patent applications, the rule of 75-25 applies. To get to entire 75% it takes 25% of the time. Then the final 25% will take 75% of the time. So, the tactic to provisional patent registration is to make that the individual has all the disclosure necessary when the permanent patent application is required later.

Which shall include one or more additional documents supplemented to a drafted provisional patent application, usually includes filing different drawings, photographs or sketches.

It is better to consider filing a provisional patent application, immediately after the individual’s invention is concrete and tangible enough for the explanation then he/she can make enhancements and can file another provisional patent application if he/she wishes, or just want move to a permanent patent application.

Moreover, if an individual is working on his/her invention then he/she must not be filing a permanent patent application because they cannot add a new subject matter to a permanent patent application. However, they may wrap together any volume of provisional patent applications that have been filed within the last twelve months, when the permanent patent application has been filed.

Hence, a provisional patent application is undeniably ideal when one has something that could be conserved now but are continuing to work on maintaining, supplementing, refining and perfecting that invention.

Another key advantage of filing a provisional patent application is that the Patent Office has no say with the provisional patent application unless and until a permanent patent application is filed claiming the advantages and exemptions of the significance under the provisional patent application filing date.

Although provisional and permanent patents are two different tools when used together, they are the best way to acquire the most of one’s invention and attain the most treasured patent as possible. If an individual is opting to file a provisional patent application, then he/she needs to understand about a provisional application that it remains unresolved at the Patent Office for only twelve months from the date of filing.

So, an applicant who files a provisional patent application must file a corresponding permanent application also for a patent like “regular patent application” during the twelve-month patent unresolved period of the provisional application in order to get the benefit from the previous provisional application filed.

It is true that filing a permanent patent and a provisional patent is required when you come up with new inventions. Patent registration is not that easy and you may require professional help for the same. The difference between provisional and permanent patent is of great help for inventors.