What does a patent give you?
A patent allows you to stop your competitors from making or selling a product covered by the patent. Even if they haven’t copied your product, and come up with a similar product independently, your patent (if it covers their similar product) allows you to stop them.
How long does it take to get a granted patent in the UK?
It takes about 3-4 years to get a patent application through to a granted UK patent.
How long does patent protection last in the UK?
Once granted, a UK patent can last for up to 20 years from the filing date of the original patent application, provided you pay annual renewal fees, starting from the 4th anniversary of the filing date.
When are renewal fees due?
In fact, renewal fees are due by the end of the month in which the filing date falls. So, for example: if a patent application is filed on 21st January 2023 and granted on 21s January 2026, the first renewal fee falls due by 31st January 2027, and annually on the same day after that.
If you don’t pay a renewal fee by the due date, you have a ‘grace period’ of six months from the date the fee was due to pay late, without any loss of rights. So, in the above example, the grace period would run to 31st July. In the UK, the first month of the grace period is free (i.e. you just have to pay the normal renewal fee), and after that a fine is payable for late payment.
What happens if you miss a renewal fee?
If a renewal fee is not paid by the end of the relevant grace period, the patent will lapse.
Once the patent has lapsed, there is a way of restoring it, under certain circumstances. There is an absolute deadline of 13 months from the end of the grace period to apply for restoration of a UK patent. To be successful, though, you have to prove that the failure to pay the renewal fee on time was unintentional. And this can be quite a high bar to reach, depending on the circumstances. Success is by no means guaranteed. And, if a third party has, in good faith (thinking the patent has lapsed), started to make or sell an infringing product, they may be granted so-called “third party rights” to continue.
So, if you have a UK patent and want to keep it alive, we strongly recommend that you use a patent renewal service to send you reminders. Or at least set up your own automated system to make sure renewal fee payments are not missed.
Need Help?
If you need help to file a patent application, or look after your existing patents and applications, please book a free initial consultation by clicking this link: https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min
Or call 01432 652464 or email vicki.strachan@strachanip.co.uk
Or you can go to our website at https://strachanip.co.uk/contact/