How to file a Patent in the UK

To file a patent you need to produce a patent application, which is a document that discloses the spirit and the technical aspects of the invention.

 

A patent application is made up of four parts

 

• A written description.

• Accompanying drawings that correspond with the description.

• A list of claims that define the distinctive technical features of the invention.

• An abstract’ that provides a summary of the important technical aspects of the invention.

 

Filing the Application with the UK IPO

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Submitting a patent application to the UK Intellectual Property Office (IPO) is a straightforward process once the application is ready. You must complete Form 1, which is the ‘request for grant of a patent,’ and submit it along with the patent application and the associated fee to the UK IPO.

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After the IPO receives the application, they will issue a filing receipt, providing an application number and the official filing date.

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Requesting a Search of the Application

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Within twelve months of filing, a search request for the patent application must be submitted. During this process, the IPO will ensure that the application meets formal requirements and will search through published patents and other documents to determine if the invention is new and inventive.

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Once the search is completed, the IPO will send a search report identifying any similar patents or documents. This report usually takes around six months to process.

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Publication of the Application

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Around eighteen months after the application’s filing date, the IPO will publish the application in the Patents Journal, making it available on the IPO’s public records. At this stage, the application and relevant correspondence will be accessible to the public.

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Requesting a Substantive Examination

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Within six months of the application’s publication, a request for a substantive examination must be made. During this phase, the examiner will thoroughly review the application and issue an examination report, highlighting any objections.

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If any issues are identified during the examination, the IPO will indicate the necessary amendments to allow the application to proceed.

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Obtaining a Grant

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If the application satisfies all the requirements, the examiner will issue an ‘intention to grant’ notice, and the patent will soon be granted. A certificate will be issued, and the details of the grant will be published in the Patents Journal and added to the IPO’s public records.

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Duration

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A typical patent application can take up to five years to be granted, although the process can be expedited by paying additional fees. Missing deadlines during the process could lead to the termination of the application.

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Maintaining the Patent

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Once granted, the patent remains in effect for 20 years, provided that annual renewal fees are paid. Failure to pay these fees within the specified time frame may result in the termination of the patent.