How to apply for a Patent

To apply for a patent, you need to file a patent application. However, before applying for a patent and proceeding to protect your new product idea invention, it’s crucial to conduct due diligence to determine if patent protection is suitable and the correct approach. Not all new products, ideas, or inventions are patentable, and or should be pursued.

 

A patent is made up of four parts

 

• A written description, disclosing the technical aspects of the new product idea invention.

• Accompanying drawings, corresponding with the description.

• A list of claims, defining the distinctive technical features of the invention.

• An abstract’, a summary of the technical aspects of the invention.

​

The patent filing process

​

Once the patent application is completed, filing it with the UK Intellectual Property Office (IPO) is straightforward. The process requires submitting Form 1, a "request for grant of a patent," along with the patent application and the corresponding fee to the UK IPO.

​

Upon receiving the application, the UK IPO will issue a filing receipt that includes the application number and the filing date.

 

Requesting a Search of the Application

 

Within 12 months of filing the application, you must request a search of the patent application. (Form 9A - Request for Search). This involves the UK IPO checking the application for formal requirements and conducting a search of published patents and documents to determine if the invention is new and inventive.

​

Once the IPO completes its search, it will issue a search report identifying any published patents and documents similar to the invention. This process typically takes around six months.

​

Publication of the Application

​

Approximately 18 months after the filing date, the UK IPO will publish the patent application in the Patents Journal and include it in the public records. At this stage, the application and all related correspondence become available for public inspection.

​

Requesting a Substantive Examination

​

Within six months of the publication, a request for a substantive examination must be made. (Form 10 Request for substantive examination).

 

During this examination, the UK IPO will conduct a thorough review of the application and issue a report detailing any objections or necessary amendments.

​

If the application passes the substantive examination, the IPO will inform you of any required changes before moving forward.

​

Granting of the Patent

​

If the application meets all the necessary requirements, the UK IPO will issue a letter of "intention to grant" the patent. Shortly thereafter, the patent will be granted, and a certificate will be issued. Details of the grant will also be published in the Patents Journal and added to the IPO's public records.

​

How long do it take

​

A typical patent application may take up to five years to be granted. However, the process can be expedited by paying additional fees. Failure to meet any deadlines during the process may result in termination of the application.

​

Maintaining a granted Patent

​

Once granted, a patent remains in force for 20 years, provided that renewal fees are paid annually. Failure to pay the renewal fees within the specified time limits can result in the termination of the patent.