The patent process in the UK (and most other countries) is relatively long (usually around 3 years), and there are various deadline-driven stages and procedures that need to be followed. To the uninitiated, this process can seem complex and laborious, so in this blog , we will look at what is involved in the patent process. How are patents granted?
A rough guide to the patent process
The starting point for all patents is to draft a patent specification. A patent specification is a complete record of your invention (in the form that it is at the time of drafting) and includes:
- An introduction, that ‘sets the scene’ and describes the ‘problem’ or deficiency that your invention seeks to address;
- A Specific Description, which is a detailed description of at least one version of your invention and which is required to be “clear and complete enough for the invention to be reproduced without undue experimentation” (forgive the “jargon”). This last phrase is important, because, while we need to be fairly clear and open about the invention in this section, we do not have to provide a step by step “roadmap”. This can be particularly relevant for computer-implemented inventions, because it means that we would not, for example, have to divulge the software code
devised to implement the invention. Drawings will also be included in the application, where appropriate, and referenced in this section. - Claims, which are legal phrases that define precisely what
we hope to be able to prevent third parties from doing; - An abstract, which is a very brief overview of the invention.
Once the patent specification has been drafted, it is filed at the UK Patent Office (“UKIPO”), usually with a search request (and payment of search fees).
The rest of a typical patent process is summarised as follows:
- 3-6 months after filing, a search report would be issued, detailing any documents found by the Examiner that they think might be relevant to the patentability of your invention;
- By the end of 12 months after filing the UK application, we must file any corresponding overseas applications. We also recommend, at this time, “completing” any formalities outstanding on the UK application, such as filing an abstract (which can be omitted from the specification at the time of
filing), formal drawings or a so-called statement of inventorship; - Around 18 months after filing, the application is published;
- 6 months after publication, a request for examination
must be filed; It is worth noting here that some people opt to file a request combined search and examination right at the start of the process and whether or not this i an appropriate avenue for you can be discussed with your patent attorney. - After that, and during the subsequent couple of years, the UKIPO will issue an examination report, detailing any objections it may have to the application (and, usually, referencing the documents found at the search stage), and a deadline is set for filing a response, usually in the form of changes to the claims and arguments. There may be more than one round of examination reports, before…
- Acceptance and Grant of the patent.
- Annual renewal fees are payable to the UKIPO to maintain the
patent in force for the full 20 years from filing (if you wish).
A typical patent process timeline:
Word of Warning
You must file your UK patent application before there is any non confidential disclosure of your invention…to anyone, anywhere. If you need to tell someone about your invention before a patent application has been filed, be sure to use an NDA (Non Disclosure Agreement).
Need Help?
We hope you have found this summary useful. If you need help to file a patent application, or if you have any other IP questions, we are happy to offer a confidential initial consultation, which is free of charge and obligation. Please book your free initial consultation by clicking the link below:
https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min
or by calling 07714 797135 or emailing vicki.strachan@strachanip.co.uk
or you can contact us through our website: https://strachanip.co.uk/contact/
