HOW IS A UK PATENT OBTAINED?

The first stage is the FILING of a full disclosure of the invention. This should include everything that is needed to carry out the invention since no additional matter can be added later. Next, the Patent Office carries out a SEARCH to ascertain whether the invention is new and non-obvious. Then follows PUBLICATION of the application in the state it was when first filed. Thirdly there is an in-depth EXAMINATION to determine whether the application meets legal and formal requirements and is technically sound. If objections are raised by the Office, the applicant must overcome these before GRANT of a patent.

 

 

HOW LONG DOES IT TAKE?

As a rough guide, we aim to issue the SEARCH REPORT within twelve weeks of it having been requested, and the specification is normally PUBLISHED about 18 months after filing. Many applicants wait to see the results of the search before deciding to request examination, and in such cases FIRST EXAMINATION takes place not later than 18 months after publication. This timescale can be shortened considerably by requesting the examination at the same time as the search (COMBINED SEARCH AND EXAMINATION) in which case the reports for both will be issued together within the normal time taken for the search alone. GRANT follows after official objections have been met. All stages up to grant must be completed within either 4.5 years from filing, or twelve months from the first examination report, whichever expires the later. If combined search and examination is opted for, grant will not be earlier than three months after publication.

WHAT WILL THE PATENT OFFICE CHARGE ME?

The Patent Office charges fees for processing applications, the principal ones being for filing, search and examination. To maintain a patent in force, renewal fees have to be payed annually from the beginning of the fifth year after filing. A full list of current patent fees can be obtained from the Patent Office.

ARE THERE ANY OTHER COSTS?

You are strongly advised to obtain professional help and if you use a Patent Agent their professional fees will generally cost you several hundred pounds at least.

 

IS THE TIMING OF AN APPLICATION IMPORTANT?

Yes, but it is difficult to lay down any hard and fast rules. Whilst early filing of an application can be vital since it establishes a 'priority' for the applicant over anyone else who subsequently files an application for the same invention, there can often be important commercial reasons for delaying filing until absolutely necessary.

 

 

DOES A UK PATENT GIVE PROTECTION ABROAD?

No. It has effect ONLY in the United Kingdom and the Isle of Man. However, the filing date of a UK national application can be used as a 'priority' date for the subject matter disclosed in the application when applying up to 12 months later for protection abroad. To obtain protection abroad, it is necessary to file applications for those countries - either individually or through the Patent Co-operation Treaty. Also, under the European Patent Convention, patents in up to 17 European States, including the UK, can be obtained by filing a single European application. However, to comply with certain national security provisions, UK residents MUST obtain clearance from the UK Patent Office before applying for a patent abroad.

CAN THE PATENT OFFICE HELP

DEVELOP THE INVENTION?

No. The Patent Office cannot provide any financial or other support since this would directly conflict with its role as an impartial regulatory body for the granting of patents. But there are both local and national organisations throughout the UK which will assist in developing inventions with commercial potential.

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