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Provisional or Complete Specification

A provisional filing secures your date while the invention is still developing. Miss the twelve-month deadline and the date goes with it.

What a provisional filing is for

A provisional specification describes the invention as it stands and secures a filing date, without the full claims a complete specification requires. It is for the situation where the invention works but is still being refined, and you want the date now.

Why the date matters: patent rights go to whoever filed first, not whoever invented first. If someone else files the same idea a month later, your earlier date is what protects you.

It also lets you talk about the invention to investors, manufacturers and buyers with your date already secured — which is important, because public disclosure before filing can destroy novelty entirely.

What it does not do

  • It is not a patent. It grants no rights you can enforce against anyone.
  • It does not extend indefinitely. A complete specification must follow within twelve months, or the application lapses and the date is gone.
  • It only protects what it describes. A vague provisional gives you a date for very little. Features added later in the complete specification may not get the earlier date.
  • It does not stop the clock on the twenty-year term, which runs from the filing date.

Written 5 September 2026. Government requirements and portal behaviour change — message us to confirm before you rely on any date or figure here.

Which to file

File provisional if the invention is still developing, you need to disclose it soon, or you want the date while you assess whether it is commercially worth the full cost.

File complete directly if the invention is finished and you would only be paying twice otherwise. It is faster to grant and there is no twelve-month deadline hanging over it.

The mistake to avoid is a thin provisional filed to tick a box. Describe it as fully as you can — the description is what the date attaches to.

Common questions

The application lapses and the priority date is lost. If the invention has been disclosed publicly by then, refiling may not be possible.

You can, and the quality of the provisional decides how much it is worth. A poorly drafted one limits what the complete specification can claim from that date.

The date is secured for what the provisional describes. Anything not described in it is not covered - keep that in mind before disclosing improvements.

Not always. Designs, copyright and trade secrets protect different things. Tell us what the invention is and we will say which fits.

Send us your case

Tell us what the invention does and whether you have disclosed it publicly. That second answer can decide everything.

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